Ben Halperin is an experienced litigator focusing on copyright, trademark, media, and entertainment litigation. He defends many types of companies and individuals—including online retailers, photography companies, media and news organizations, authors, and publishers—in copyright and trademark lawsuits in federal court. Ben additionally represents artists, authors, musicians, and publishers as plaintiffs in copyright, trademark, and media-related business disputes.
Ben is particularly skilled at analyzing complicated legal and factual situations and developing creative strategies to resolve litigation favorably and efficiently. He has helped his clients defeat 8-figure-and-higher lawsuits on both procedural and substantive grounds. Ben also has significant experience working with and against expert witnesses, able to quickly identify the key shortcomings of highly technical expert methodologies often relied on in complex cases.
Prior to joining CDAS, Ben practiced for nearly a decade at international powerhouse law firm Skadden, Arps, Slate, Meagher & Flom LLP, where he collaborated with and learned from the nation’s top motions and trial lawyers. At Skadden, Ben defended high-stakes cases involving consumer appliances, cosmetics, medical devices, and pharmaceuticals, notably winning defense verdicts in several cases where the plaintiffs sought hundreds of millions of dollars in damages.
A life-long musician with a particular passion for rock, funk, and guitar solos, Ben avidly follows, speaks, and publishes regarding the intersection of music theory and copyright law. His course Music Theory For Lawyers – And Legal Theory For Musicians has received excellent review after excellent review, including repeatedly being dubbed “Best CLE Ever” by participants. Ben also speaks and publishes on other hot IP-related topics, including how copyright law is adapting to artificial intelligence (AI), unsettled issues in federal litigation, and issues that arise in defending copyright lawsuits.
Ben has dedicated a significant portion of his practice to pro bono work, including advising musicians and other artists on a range of legal issues. He has written numerous amicus briefs, including appellate and Supreme Court briefs advocating for public safety and equal protection.
When not practicing law, Ben can be found performing music, practicing guitar, or attempting to get his children to listen to Steely Dan.
Publications
- AI & Copyright In The Music Industry, Fordham Media & Entertainment Law Symposium, Jan. 19, 2024.
- 3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs, Law360 Nov. 27, 2023, https://www.law360.com/articles/1769720/3-rulings-illustrate-infringement-hurdles-for-hip-hop-plaintiffs.
- Recent Developments In Music Copyright Law, Quimbee Nov. 9, 2023, https://www.quimbee.com/cle/courses/recent-developments-in-music-copyright-law.
- Music Theory For Lawyers – And Legal Theory For Musicians, Lawline Sept. 6, 2023, https://www.lawline.com/course/music-theory-for-lawyers-and-legal-theory-for-musicians.
- Exploring The Question Of Authorship With AI-Generated Art, Law360 Sept. 20, 2022, https://www.law360.com/articles/1532268.
- AI Art Model Creates Interesting Drawings And Copyright Problems, CDAS Insights June 27, 2022, https://cdas.com/ai-art-model-creates-interesting-drawings-and-copyright-problems/.
- The Growth Of MDLs: What’s Driving The Trends And At What Consequence For Civil Justice?, George Mason Univ. Antonin Scalia Law School Law & Econ. Center Oct. 22, 2021, https://masonlec.org/events/the-growth-of-mdls-whats-driving-the-trends-and-at-what-consequence-for-civil-justice/.
- Twisted Blackjack: How MDLs Distort And Extort, U.S. Chamber Inst. Legal Ref. Oct. 5, 2021, https://instituteforlegalreform.com/research/ilr-briefly-twisted-blackjack-how-mdls-distort-and-extort/.
- ‘Right To Repair’ Law Could Put Car Cos. In A Jam, Law360 Dec. 17, 2020, https://www.law360.com/articles/1338628/mass-right-to-repair-law-could-put-car-cos-in-a-jam.
- Defendants’ Chances On Daubert May Vary By Circuit, Law360 Oct. 1, 2019, https://www.law360.com/articles/1203411/defendants-chances-on-daubert-may-vary-by-circuit.
- Emerging Issues In Class Action Settlements Of Consumer Fraud & Other Product-Related Cases, Lawline July 25, 2019, https://www.lawline.com/course/emerging-issues-in-class-action-settlements-of-consumer-fraud-other-product-related-cases.
- The Class Action Chronicle, Skadden quarterly publication 2016-2017, see, e.g., https://www.skadden.com/insights/publications/2017/12/the-class-action-chronicle-winter-2017.