Benjamin Foster focuses on commercial litigation and intellectual property litigation. Mr. Foster has handled a number of software licensing, patent, trade secret, and complex commercial matters as well as a number of non-competition cases for scientists, engineers and executives in a wide range of industries. Mr. Foster has handled all aspects of these cases from pre-suit diligence through final verdict and appeal.
Mr. Foster was selected for inclusion in the 2015-2018 Texas Rising Stars lists, which honors the best Texas lawyers age 40 and under and those who have practiced 10 years or less. He was cited for his work in business litigation. Fewer than 2.5 percent of eligible Texas attorneys earn this selection each year.
Within a month of coming to the firm Mr. Foster tried a case for two manufacturing executives accused of breaching their fiduciary duties to their former employer by forming a competing company and joint venturing with a competitor. Mr. Foster also represented the executives’ new company, which the former employer accused of misappropriating trade secrets. The plaintiff claimed over $100 million in damages against AZA’s clients, as well as several co-defendants. At the end of the month-long trial, the jury awarded less than 2% of the plaintiff’s damages against the executives’ new company, and no-damages findings in favor of the executives themselves. On appeal, AZA obtained a complete reversal of the verdict, and the appeals court rendered a take-nothing judgment against the plaintiff.
Mr. Foster has also secured and defended multiple temporary restraining orders and temporary injunctions in state and federal court. In this context, Mr. Foster has successfully defended numerous scientists and engineers under non-competition obligations who were accused of trade secret theft by their former employers.
On the plaintiff side, Mr. Foster has extensive experience representing technology companies in licensing disputes, Patent cases and trade secret misappropriation cases. In this context, he has extensive experience in obtaining temporary injunctions, particularly with regard to restricting defendant’s use of technology pending trial. Mr. Foster’s technical background, combined with his trial experience, allows for a unique understanding of the issues involved in patent cases. Mr. Foster has prepared infringement contentions, reviewed invalidity arguments, and participated in claim construction analysis. In addition, Mr. Foster is experienced in both finding and working with technical experts from the consulting to the testifying stage.
Before AZA, Mr. Foster worked at the Chicago law firm of Durkin & Roberts, where he gained valuable experience in federal white-collar criminal cases involving commodities fraud, mortgage fraud, bank fraud and the Foreign Corrupt Practices Act, as well as extensive court room experience representing a wide range of criminal defendants in state and federal court. At Durkin & Roberts, Mr. Foster helped try a commodities fraud bench trial and worked on the ensuing appeal resulting in a new trial for the accused. Mr. Foster also worked on Guantanamo-detainee habeas litigation and a number of other national security and terrorism cases.
Mr. Foster is a University of Chicago Law School graduate who worked with Judge Richard A. Posner and Professor William Landes for two years, not only doing legal research but also writing software to gather legal data. While in law school, he served as the 2009 articles editor for The Chicago Journal of International Law and won the Thomas R. Mulroy Prize for Excellence in Appellate Advocacy.
Mr. Foster earned a Bachelor’s of Science in computational mathematics, a hybrid computer science and mathematics degree from the Rochester Institute of Technology and brings a deep understanding of computer software and computer technology to all of his cases.
Mr. Foster is admitted to practice in the courts of Texas and Illinois as well as a number of Federal District Courts around the country.
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- The University of Chicago Law School, Chicago, Illinois
- Juris Doctor with Honors, June 2010
- Thomas R. Mulroy Prize for Excellence in Appellate Advocacy
- The Chicago Journal of International Law, Articles Editor 2009
- Research Assistant: Professor Lior Strahilevitz, The Right to Abandon
- The Rochester Institute of Technology, Rochester, New York
- Bachelor of Science: Computational Mathematics, May 2007
- Minor in Philosophy and Minor in Political Science
- RIT Honors Program: Graduate Assistant, 2007
- RIT Reporter Magazine: Managing Editor, 2005
- Award for Best Mathematical Modeling Project, 2005: Comparison of AIDS Spread in the United States of America and Uganda
- Undergraduate Research Assistant in both Mathematics and Cultural Studies