Benjamin L. Singer

Benjamin Singer, co-founder at Singer Cashman LLP, focuses on representing clients in high-stakes patent litigation and complex commercial matters with a strong focus on trade secrets disputes. He has played a substantial role in some of the most significant IP cases of the last decade, including involvement in the "smartphone wars" and Waymo's trade secret battle with Anthony Levandowski and Uber.

Throughout his career, Singer has served as lead counsel in numerous cases spanning the United States, including in every District Court of California. His recent cases have often revolved around representing high-profile C-level employees and business founders who faced allegations of trade secret misappropriation.

Among the major cases where Singer has served as lead counsel, Applied Materials, Inc. v. Lai et al. stands out. This case has significant implications for trade secrets law, involving complex legal issues such as non-signatory arbitration rights and the impact of successful arbitration motions on co-defendants. Additionally, the case raised concerns about employee mobility and its potential limitations in California.

Within trade secrets litigation, Singer faces the challenge of proving negatives. In cases where it is clear that a migrating employee did not return confidential materials, plaintiffs often allege speculative harms. This places the burden on defendants to demonstrate that trade secrets were not disseminated. "Our team has faced this scenario on several occasions and has developed strategies that allow our clients to get ahead of this approach," Singer said.

He also highlights concerning trends such as how the definition of trade secrets has expanded to the point where nearly any confidential information may qualify and standard corporate practices are deemed sufficient to protect secrecy. Additionally, he points out the increasing willingness of courts to grant injunctions in trade secret cases, which can lead to significant reputational harm for the enjoined parties.

"While it is true that these sort of injunctions only prevent the subject from doing things that were already prohibited, that ignores the incredible reputational harm that follows from being enjoined," Singer said. "That harm can drive down stock prices, cost people and companies investments or grants, and render people unemployable."

Beyond his legal work, Singer is an adjunct law professor at St. Francis College and participates in organizations like the American Intellectual Property Law Association, Licensing Executives Society and American Bar Association.