Overview
Ben Stoll is a seasoned litigator whose practice focuses on complex civil commercial litigation. He has more than a decade of experience litigating complicated scientific, statistical, economic, and financial issues in the technology, insurance, pharmaceutical, cryptocurrency, and telecom industries. Ben concentrates on class action defense, where he helps companies translate quantitative data and complicated technical issues into persuasive narratives that judges and juries will understand and find compelling.
Ben represents a wide range of clients, from early-stage startups to the Fortune 100. In recent years, his practice has focused on representing companies in the insurance, biotechnology, and cryptocurrency industries in class actions and other high-stakes lawsuits. He handles cases that involve complicated economic and quantitative issues, such as antitrust, ERISA, patent validity and infringement, and cryptocurrency theft. He also frequently represents companies in complicated contract disputes and against fraud, consumer protection, and breach of fiduciary duty claims.
Ben has significant experience with every stage of the litigation process, from pre-litigation negotiations to initial motion practice and discovery through trial and appeals. He has represented corporations and individuals in cases at both the trial and appellate levels and in both state and federal courts. He has tried cases in front of judges, juries, and arbitrators. As a result, he can help clients strategize across the entire litigation process to optimize their outcomes.
Ben previously served as a law clerk to the Honorable Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit.
Experience
Antitrust and Competition
Defended Fortune 100 technology company in connection with highly publicized DOJ antitrust lawsuit over online search and search advertising.
Represented biotech company in $600+ million antitrust lawsuit alleging tying claims in the market for blood and blood products.
Defended prominent technology company against class action alleging violations of the Sherman Act, Clayton Act, and California Unfair Competition Law related to its software products.
Defended large nonprofit health care system against $50+ million antitrust lawsuit alleging anticompetitive and monopolistic conduct and breach of contract.
Defended cryptocurrency data website in federal district court and on appeal to the Ninth Circuit against class action alleging Sherman Act violations.
Represented large technology company against federal and state governmental investigations of potential antitrust violations regarding its software products. Convinced federal regulators and state attorneys general to drop their investigations without bringing any charges.
Helped technology company resolve breach of contract and unfair competition allegations via mediation to avoid formal litigation.
Insurance
Defended life insurance company in $300+ million multidistrict class action litigation involving ERISA and breach of fiduciary duty claims related to losses incurred by 401(a) and 403(b) retirement plans.
Assisted Fortune 500 property and casualty insurance company in resolving $60 million coverage dispute.
Represented major property and casualty insurance company in appeal of national class action alleging improper denial of coverage.
Petitioned for a writ of certiorari on behalf of insurance company facing breach of fiduciary duty and negligence claims arising from attempted liquidation of group retirement plan.
Cryptocurrency
Defended large international cryptocurrency exchange in federal district court and on appeal to the Eleventh Circuit against national class action alleging RICO and securities law violations arising from alleged sales of unregistered securities.
Defended cryptocurrency company against $100 million state court fraud and civil theft lawsuit brought by the victim of a hacking scheme.
Defended large international cryptocurrency company in multidistrict class litigation arising from implosion of FTX exchange.
Successfully compelled arbitration of fraud and conversion claims brought against cryptocurrency company by victims of "pig butchering" schemes.
Defended cryptocurrency information provider in federal district court and on appeal to the Ninth Circuit against class action alleging violations of Commodity Exchange Act and consumer protection statutes.
Defended cryptocurrency exchange against national class action lawsuit alleging conversion and money laundering.
Intellectual Property and Licensing
Represented pharmaceutical company in two-week jury trial involving $100+ million contract dispute over the licensing of its largest medical product.
Advised Fortune Global 500 pharmaceutical company on infringement and validity issues related to monoclonal antibody cancer therapies during run-up to launch of new medicine. As a result, product launched successfully without litigation.
Mediated and settled patent and trade secret licensing dispute on behalf of Fortune 100 pharmaceutical company against an academic institution.
Defended group of pharmaceutical companies, including startups and large national and international companies, against claims of breach of confidentiality, breach of IP licensing, and unfair competition.
Helped international pharmaceutical company evaluate the strength and breadth of competing patents in anticipation of the launch of a new pharmaceutical product. As a result, product launched successfully with proper licenses and without litigation.
Advised cryptocurrency company on strategy for responding to patent infringement threats from a well-known patent assertion entity.
Drafted software licensing agreement for major cryptocurrency company.
Advised pharmaceutical startup on the validity of its patents and those of its competitors prior to launch of new product.
Consumer Protection and Fraud
Defended national telecommunications company in federal court and on appeal to the Ninth Circuit against whistleblower allegations of defrauding the federal government. Successfully obtained dismissal of lawsuit by the district court, which was affirmed by the Ninth Circuit.
Represented video game company in FTC investigation of potential violations of the Children's Online Privacy Protection Act (COPPA) and potential unfair and deceptive trade practices related to in-app purchases. Convinced FTC to drop its investigation without bringing any charges.
Represented large telecommunications company in lawsuit against fraudsters who used company's name and likeness to defraud customers.
Corporate Governance
Settled valuation dispute on behalf of the majority owner of forestry products company seeking to buy out the minority investors.
Represented majority shareholders in dispute over control of board of directors and distribution of company assets.
Product Liability
Defended Fortune 500 company against $100+ million wrongful death and personal injury lawsuit over a natural gas explosion at a hospital construction project.
Represented safety equipment company against product defect claims brought by the families of deceased and injured firefighters.
Defended security company against allegations of negligence arising from series of automobile-related personal injuries.
Pro Bono
Defended Native American journalist arrested while covering protest from charges of trespassing and engaging in a riot. The court dismissed the rioting charge on pretrial motions and acquitted journalist of trespassing charge after bench trial.
Represented injured protester in Section 1983 excessive force lawsuit against a local government and its police department.
Represented Native American politician in front of the North Dakota Supreme Court and successfully overturned his conviction for engaging in a riot arising from his arrest during a peaceful protest.
News & Insights
News
Beyond the Bio
At New York University School of Law, Ben served as managing editor of the New York University Law Review and was inducted into the Order of the Coif.
Related Capabilities
Bar Admissions
Court Admissions
Clerkships
- Hon. Dennis G. Jacobs, U.S. Court of Appeals, Second Circuit
Education
J.D., magna cum laude, New York University School of Law
B.A., magna cum laude, Harvard University
