Benjamin W. Clements
Benjamin Clements is an associate in TroyGould’s Litigation Department. He second chaired a two-week arbitration hearing in a complex breach of contract dispute between a retailer and manufacturer, securing a $7.1 million award for the client. His practice focuses on business and commercial litigation, including disputes involving partnership and business divorce, franchise and dealer relationships, trade secrets and other intellectual property, unfair competition, and employment matters. He enjoys working collaboratively with his clients to solve complex problems.
Before TroyGould, Mr. Clements was an associate with an AmLaw 100 firm and a law clerk to two judges of the Los Angeles Superior Court, the Hon. Stephanie Bowick and the Hon. Marc Marmaro (Ret.). In law school, he was an editor of the Loyola of Los Angeles Law Review and served as a judicial extern to the Hon. Dean Pregerson of the U.S. District Court for the Central District of California.
- Represented employees accused by their former employer of stealing confidential and proprietary business information and violating California’s Comprehensive Computer Data Access and Fraud Act—obtained a favorable settlement involving no payment of money.
- Represented beverage companies in a class action in federal court alleging false advertising and violations of state consumer protection laws—obtained dismissal of claims based on California law (e.g., Consumer Legal Remedies Act, Unfair Competition Law), successfully excluded the plaintiff’s expert and successfully opposed the plaintiff’s motion to exclude the client’s expert.
- Represented a software company in trademark infringement actions in federal court—obtained dismissal of both lawsuits by successfully moving to dismiss for lack of personal jurisdiction.
- Represented a retailer in a two-week arbitration against a national manufacturer, bringing claims for wrongful termination of the distribution agreements under breach of contract and disguised franchise theories—obtained a $7.1 million final award for the client.
- Represented business owners facing significant personal liability under the alter ego doctrine for alleged breach of contract—after the court granted our motion for judgment on the pleadings as to nearly all the plaintiff’s causes of action, we obtained a favorable settlement shortly before trial.
- Represented a financial institution in a wire fraud action arising out of an e-mail compromise scheme—successfully demurred to the complaint by arguing the California Uniform Commercial Code displaced the plaintiffs’ common-law claims and obtained a favorable settlement at mediation.
- Represented the seller of commercial equipment in an action for breach of contract and breach of warranty—successfully opposed the manufacturer’s motion to dismiss by arguing the forum-selection clause in a purchase order was not a term of the parties’ agreement because there was no evidence the client consented to the forum-selection clause and the clause was a “material alteration” under the Uniform Commercial Code’s battle-of-the-forms rule.
- Represented a producer of CBD-infused beverages in an action against a bottling manufacturer for breach of contract and breach of warranty.
- Represented a real estate company in an action by a former employee alleging retaliation and unlawful termination under California’s whistleblower statute and Fair Employment and Housing Act based on the alleged conduct of a supervisor—after multiple demurrers, obtained dismissal of the lawsuit at the pleading stage.
- Represented a restaurant business in a class action filed by former employees in federal court for alleged violations of California’s wage-and-hour laws—persuaded plaintiffs’ counsel to voluntarily dismiss the lawsuit and obtained a favorable settlement outside of court.
- Counsels employers on requests by former employees for payroll records and personnel files.
- Represented a lender and loan servicer in an action alleging mortgage fraud and wrongful foreclosure—removed the case to federal court and obtained dismissal of the lawsuit via a motion to dismiss pursuant to FRCP 12(b)(6).
- Obtained a favorable opinion from the U.S. Court of Appeals for the Ninth Circuit affirming summary judgment in favor of a bank and loan servicer.
Trade Secrets and Unfair Competition
General Business Disputes
Employment Disputes and Counseling
Mortgage Banking Litigation
- Author, "From the Benevolence of the Butcher: Motive and Contractual Right to Terminate," The Franchise Lawyer (Summer 2022)
- Author, “Appellate Courts Split on Indemnity Claims and Anti-SLAPP,” Los Angeles Daily Journal (January 2, 2020)
- Author, "UCC Section 4A-207(b) in the Age of Cybercrime," 136 The Banking Law Journal 302 (LexisNexis A.S. Pratt June 2019)
- Co-Author, "Guest Post: Allocation of Defense Costs in D&O Litigation," The D&O Diary, April 29, 2019
- Comment, "Departing From Seminole Rock Deference: In Decker, A Shift In Tide," 47 Loy. L.A. L. Rev. 539 (2014)