Jan. 29, 2015
Benjamin B. Au
See more on Benjamin B. AuCaldwell Leslie & Proctor PC | Los Angeles | white collar defense; complex civil litigation | Age: 37
"What I love most about my job is helping clients in the crucible of their most difficult experiences," Au said. "Earning a client's trust when it counts is an honor that matters most to me. In my experience, the best way to earn that trust is by being prepared to go to battle, but honest and smart about whether that makes the most sense."
Having that perspective has helped Au navigate tough cases for major clients. Often brought in on the eve of trial, Au and his partners at Caldwell Leslie strategize to find ways to mitigate liability and strengthen a client's position.
In 2013, Old Navy hired Au and a Caldwell Leslie team to take over a $500 million trademark infringement suit against the retail giant. Although the verdict found the company had infringed, Au's work in the law and motion phase convinced the jury no damages should be awarded.
It was an intense situation, but Au said that's where he and the lawyers at his firm are most comfortable.
"The trait that we share at Caldwell Leslie, and what makes my colleagues and me thrive in these kinds of situations, is that we seem to get calmer as the outside pressure increases.," Au said. "We also really enjoy each other. We maintain a sense of humor, and that makes us better lawyers."
Au said he prides himself on finding ways to address a legal situation creatively.
"I enjoy solving problems," he said. "Even though I am a litigator, I always try to think of the political or business context to find the most pragmatic solution - the solution that achieves the client's goals with the most certainty and efficacy."
This big picture analysis came into play during Au and his colleagues' pro bono representation of Equality California, one of the state's largest gay rights groups, in its challenge to Proposition 8. While working on an amicus brief filed to the U.S. Supreme Court they decided to take a different tact than other challengers by focusing on the standing of the ballot proponents, the first amicus to raise this issue.
"At first, other challengers preferred to take the issue of gay marriage head on and have a decision directly on the constitutional merits, as Judge [Vaughn] Walker did. We thought defeating the appeal on any ground, even on the issue of standing, would be an important victory for gay rights."
Ultimately, the Supreme Court rejected the appeal by the Prop. 8 proponents on precisely these grounds.
- Henry Meier
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