Ben Herbert, Miller Barondess
Overview:
Co-leader of Miller Barondess’ Intellectual Property practice, Ben Herbert is a trial lawyer with a focus on patent infringement and trade secret misappropriation litigation.
Herbert has a record of success representing plaintiffs in intellectual property trials, as a key member of three trial teams that secured more than $1.5 billion in jury verdicts over a two-year span, before he joined Miller Barondess. He has litigated complex patent and trade secret cases involving diverse technologies, including digital radios, medical devices, computer software and hardware, graphics processors, bitcoin mining, portable power generation, and satellite technology.
Herbert is a frequent author and speaker on trade secrets misappropriation, patent infringement, and litigation finance, including at the Sedona Conference, the Intellectual Property Owners Association’s Annual Conference and LAIPLA’s Spring Seminar. Says a senior trade secrets lawyer: “Ben is very involved in the trade secrets community.”
Herbert was a partner at Kirkland & Ellis in Los Angeles for ten years before running operations in Los Angeles for litigation funder, Law Finance Group. He joined Miller Barondess, co-founded by renowned LA trial lawyer Louis “Skip” Miller, in November 2023.
Key matters:
- Ben Herbert represented a manufacturer of digital mobile radios in an action for trade secret misappropriation, among other torts, and copyright infringement, that led to a $750 million jury verdict.
- Ben Herbert represented a provider of software for managing health insurance plans in an action for trade secret misappropriation, among other torts, and copyright infringement, that led to a $850 million jury verdict.
- Ben Herbert represented a provider of low-carbon energy solutions in an action for trade secret misappropriation, among other torts.
