Benjamin D. Scheibe helped found Browne George Ross LLP in 1985 and has been a partner in the firm for 25 years. His work with the firm has involved a wide range of clients, from “mom and pop” entrepreneurs to such high profile clients as the Carnation Company, Guess, Inc., Emerson Electric Company, 99¢ Only Stores, Packard Bell, the California State Senate, and several individual State Senators, and has resulted in numerous published decisions, including Weber, Lipshie & Co. v. Christian, 52 Cal.App.4th 645, (1997); Wilson v. Eu, 1 Cal.4th 707 (1992); Wilson v. Eu, 54 Cal.3d 546 (1991); and Watson v. California Fair Political Practices Commission, 217 Cal.App.3d 1059 (1990).
Mr. Scheibe is a business litigator and trial attorney who concentrates his practice in the areas of business disputes, trade secret misappropriation, unfair competition, employment litigation, First Amendment law, and intellectual property rights.
- Conducted three month trial of misappropriation of trade secret case, ultimately obtaining and defending on appeal judgment of over $22 million.
- Defeated request for temporary restraining order and preliminary injunction in case alleging that BGR’s client misappropriated customer information, resulting in favorable settlement.
- Obtained summary judgment of Probate Court petition challenging the actions of the trustees of a $350 million trust.
- Used California’s anti-SLAPP statute to defeat a claim of internet defamation against BGR’s client and obtain a substantial award of attorney’s fees against the plaintiff.
- Obtained arbitration award exceeding $750,000 in a dispute over medical software licensing fees.
- Defended and obtained a favorable settlement (remedial action and a small charitable donation) of a wage and hour class action asserted on behalf of 30,000 retail employees.
- Obtained favorable settlements in wage and hour class actions involving limousine and restaurant industries while simultaneously defeating by summary judgment a companion wrongful termination claim by an alleged “whistleblower” in one of those cases.
Mr. Scheibe writes and speaks extensively on various business litigation-related issues, including questions of trade secrets, unfair competition, defamation, and the First Amendment. Among his publications are:
- Project Coordinator and Co-Author of Chapters 3 (“Unfair Competition”) and 4 (“Trade Secrets”) of California Business Litigation, a two volume attorney’s handbook written by members of the firm and published by California Continuing Education of the Bar.
- “The Admissibility of Indemnity Evidence in IP Litigation,” Vol. 33, No. 1 New Matter, 22, 2008.
- “Sworn to Secrecy,” Vol. 18, No. 3, Los Angeles Lawyer 40, 1995.
- “The Constitutional Defense of Opinion,” Vol. 14, No. 2, Los Angeles Lawyer 36, 1992.
- “Whose Burden is it Anyway? Court of Appeals Clarifies Burden of Proof in Trade Secret Cases,” October 2, 2003 Los Angeles Daily Journal 7.
- “Pretrial Protection: DVC Case Limits the Ability to Safeguard Trade Secrets,” January 31, 2002 Los Angeles Daily Journal 7.
- “Longer Arm: Courts Have Jurisdiction if Internet Post Harms California Company,” September 17, 2001 Los Angeles Daily Journal 7.
- “Inevitable Disclosure of Trade Secrets: A Competing View,” Vol. 20, No. 4, New Matter 26.
- “Competing Views Regarding the Inevitable Disclosure of Trade Secrets,” Vol. 21, No. 1 New Matter 44 (co-author Miles Feldman).
- “Star Alarm,” California Law Business, April 19, 1999.
- Chair of the Trade Secrets Standing Committee of the State Bar’s Intellectual Property Section
- Past Chair and Vice-Chair of the American Bar Association’s Committee on Intellectual Property, Tort and Insurance Practice Section.
- Past Member, Board of Governors of the Association of Business Trial Lawyers; Board of Governors of the Beverly Hills Bar Association.
- Member, Executive Committee of the State Bar’s Intellectual Property Section.
- Business Litigation
- Employment Litigation
- Intellectual Property
- University California, Los Angeles Law School, J.D., 1981
- University of California, Berkeley, B.S., Psi Chi, 1978