Ben Cooper advocates for clients in high-stakes appeals and writ proceedings in the U.S. Supreme Court, federal circuit courts, and state supreme and intermediate appellate courts from coast to coast. Ben’s practice also emphasizes both trial-court and appellate representation in such fields as insurance coverage and bad-faith defense; intellectual-property protection and e-commerce disputes; federal, state, and local taxation; Native American law; and constitutional litigation.
In the U.S. Court of Appeals for the Ninth Circuit, which includes nine western states, Ben is the author of Thomson Reuters’s 1,000-page treatise Federal Appellate Practice: Ninth Circuit, and served as the court-appointed Chair of the Appellate Lawyer Representatives to the Ninth Circuit Judicial Conference. He previously served as a law clerk to the Honorable Alex Kozinski of the Ninth Circuit. Ben is a past Chair of the American Bar Association’s Council of Appellate Lawyers and of the State Bar of Arizona’s Appellate Practice Section, Intellectual Property Section, and
E-Commerce & Technology Section.
In addition to appellate advocacy, Ben works closely with trial counsel, taking the lead on or assisting with preservation of error, dispositive motions, class-action certification, motions in limine, jury instructions, and post-trial motions. He is the lead author of Thomson Reuters’s Arizona Trial Handbook and the longest-serving member of the State Bar of Arizona’s Civil Jury Instructions Committee.
Harvard Law SchoolJ.D., 1986
- Executive Editor, Harvard Journal of Law & Public Policy
- President, Harvard Society for Law & Public Policy
- cum laude
- Winner, Ames Moot Court Competition
Harvard UniversityA.B., 1983
- magna cum laude in Government
- The Legal 500 United States
- Dispute Resolution, General Commercial Disputes
- Chambers USA, America's Leading Lawyers for Business
- Commercial Litigation, Appellate
- Best Lawyers in America®
- “Lawyer of the Year," Appellate Practice, Phoenix, 2019
- Appellate Practice 2010-2020
- Insurance Law 2018-2020
- "Bet-the-Company," Litigation 2019-2020
- Southwest Super Lawyers®
- Appellate Law, 2007-2021
- Martindale-Hubbell® rating of AV Preeminent® Judicial Edition
- On a certified question from the Ninth Circuit, convinced the Arizona Supreme Court in Apollo Education Group v. National Union (2021) to adopt the insurer’s perspective of reasonableness in construing the consent-to-settlement clause of a D&O policy.
- Persuaded the New Mexico Supreme Court to reverse the trial court and uphold against a jury-right challenge the constitutionality of the state’s statutory cap on medical malpractice damages in Siebert v. Okun (2021).
- Serving as national counsel to a major insurer in business-interruption coverage litigation arising from pandemic losses in lawsuits in numerous states from California and Washington to New Hampshire and Florida.
- Currently representing before the Arizona Court of Appeals the owner of a power plant constructed on land leased from the Fort Mojave Indian Reservation in challenging, on federal Indian preemption grounds, property taxes assessed by the Arizona Department of Revenue and Mohave County.
- Represented the four largest P&C insurance trade associations as to punitive damages in State Farm v. Campbell (U.S. 2003). The American Prospect noted that the High Court’s “decision … took language right from the American Insurance Association’s amicus curiae (‘friend of the court’) brief.”
- Represented the petitioner in Dastar Corp. v. Twentieth Century Fox Film Corp. (U.S. 2003), in which the Court unanimously held that “origin” in the Lanham Act refers only to tangible goods, not to the contents of creative works.
- Represented, on pro bono basis, Jewish, Catholic, and Lutheran school tuition organizations in upholding the constitutionality of Arizona’s private-school tuition tax credit, and filed the only amicus brief approvingly cited by the U.S. Solicitor General and State of Arizona. Arizona Christian STO v. Winn (U.S. 2011).
- Persuaded the Ninth Circuit to affirm the dismissal of a coverage action against a D&O insurer for $9 million in the costs of five shareholder class actions. AMERCO v. National Union (9th Cir. 2016).
- Represented historically black colleges and universities as amici curiae, persuading a divided Fifth Circuit that the federal gift tax transferee liability of a donee for a donor’s unpaid gift tax and interest is capped by the gift’s value. United States v. Marshall (5th Cir. 2015).
- Represented The Internet Association as amicus curiae before the Ninth Circuit in Earll v. eBay, Inc. (9th Cir. 2015), establishing that an Internet website was not a “place of public accommodation” for purposes of the Americans with Disabilities Act.”
- Successfully established that newspaper-production software was eligible for the state machinery-and-equipment transaction-privilege-tax exemption because newspaper publishers qualify as “manufacturers.” CCI Europe, Inc. v. Arizona Department of Revenue (Ariz. App. 2015).
- Obtained vacation by the North Carolina Court of Appeals of the trial court’s $2.4 million in discovery sanctions against an insurer. Arnold v. Insurance Co. of the State of Pennsylvania (N.C. App. 2014).
- Convinced an Arizona trial court to reduce a $55-million punitive-damages verdict against an insurer to $620,000, and then persuaded the appellate court to reduce it further to $155,000. Nardelli v. Metropolitan Group (Ariz. App. 2012).
- Represented the Arizona Public Safety Personnel Retirement System in constitutional litigation challenging pension-reform legislation. Hall v. Elected Officials’ Retirement Plan (Ariz. 2016); Fields v. Elected Officials’ Retirement Plan (Ariz. 2014).
- Argued before the California Supreme Court on behalf of the California Public Employees’ Retirement System as to the enrollment requirement for leased employees, earning a 4-3 victory. Metropolitan Water District v. Superior Court (Cal. 2004).
- Chair, Council of Appellate Lawyers of the American Bar Association, Appellate Judges Conference (2008-2009)
- Chair, Appellate Lawyer Representatives to the Ninth Circuit Judicial Conference (2009-2012)
- Arizona Judicial Council, Commission on Technology (2011-2021); Cybersecurity Subcommittee (2016-2021)
- Chair of the State Bar of Arizona’s Appellate Practice Section (2014-2015), Intellectual Property Section (1989-1994), and E-Commerce & Technology Section (2005-2006)
- Civil Jury Instructions Committee, State Bar of Arizona (2006-2021)
- Federalist Society for Law and Public Policy Studies
- Past President & Current Ritual Vice President, Beth El Congregation
- Co-Founder & Past President, Jewish Tuition Organization
- Jewish Committee on Scouting, Grand Canyon Council, Scouts BSA
- Past Vice President for Education, The King David School
- Supreme Court of the United States
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of Arizona
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- U.S. District Courts for the Eastern/Western Districts of Arkansas
- Law clerk to the Honorable Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit (1987-1988)
- Author, Federal Appellate Practice: Ninth Circuit (Thomson Reuters 2020-2021 ed.)
- Lead Author, Arizona Trial Handbook (Thomson Reuters 2020-2021 ed.)
- Chapter Author, Arizona Appellate Handbook 2.0 (State Bar of Arizona 2020 ed.)
- Webinar Presenter, “Mastering the Art of Persuasive Appellate Briefs,” Strafford Publications (September 10, 2020)
- Webinar Presenter, "Business Interruption Insurance, Captives, and Coronavirus," Dickinson Wright Webinar (April 2020)
- Author, “Appeals of Merits and Fees: Does the Tail Wag the Dog?,” Appellate Practice (ABA Section of Litigation May 30, 2017)
- Webinar Presenter, “Mastering the Art of Writing Persuasive Appellate Briefs: Practical Tips from Past Appellate Law Clerks,” Clear Law Institute (February 28, 2019)
- Webinar Presenter, “Crossing the Line: When Trademarks and Free Expression Converge…or Conflict,” American Intellectual Property Law Association (AIPLA) (January 10, 2018)
- Faculty, “Enhancing Punitive Damages and Judgments to Their Constitutional Limits,” State Bar of Arizona (December 6, 2017)
- Faculty, “Ethical Editing in the Age of Shrinking Word Counts,” Appellate Judges Education Institute Appellate Summit, Long Beach, California (November 3, 2017)
- Presenter, “Disparagement and Scandal: Matal v. Tam and the Registration of Ugly Trademarks,” AIPLA Annual Meeting, Atlanta, Georgia (October 19, 2017)