Ben Clark has been responsible for business litigation in courts throughout the United States for over 30 years. Much of his practice is directed to first-chairing intellectual property lawsuits (patent; trademark; unfair competition; copyright; trade secrets), and he maintains an active caseload in other areas of commercial (contract; business tort; antitrust) and white collar criminal litigation as well.
Mr. Clark has been counsel of record for clients such as American Express Co.; Armstrong Medical Ltd.; Bellagio, LLC; BJC Health Systems Inc.; Buena Vista Home Entertainment, Inc.; Columbia Pictures; Disney Enterprises, Inc.; Fleming Pharmaceuticals; The Grateful Dead; Green Dot Corp.; InteliSpend Prepaid Solutions; Ixia; Jones Apparel Group; Key Pix Productions, Inc.; Kimberly-Clark Corp.; Lucasfilm Ltd.; Maritz Inc.; Metro-Goldwyn-Mayer Pictures; Miller Electric Manufacturing Co.; MiTek Industries; Motion Picture Association of America; Nine West Group Inc.; Paramount Pictures; The Pasta House Company; St. Louis Rams; Saint Louis University; Sigma-Aldrich Co.; Twentieth Century Fox; Universal Studios; Warner Brothers Entertainment and World Chess Museum, Inc.
His cross-examination technique has been featured in Ralph Adam Fine’s The “How-to-Win” Trial Manual, and for years he was designated lecturer on Closing Argument at the University of Virginia Trial Advocacy Institute, attended by practitioners from across the country and select law students. Mr. Clark relishes teaching and writing on trial advocacy, and as a Fellow of the American College of Trial Lawyers annually serves as professor and demonstrator at the University of Missouri Law School’s Intercession Trial Practice program and several trial-focused “how to” programs for practitioners. He also serves as an Adjunct Professor at Washington University School of Law, teaching Advanced Trial Advocacy and Trademark Infringement classes.
As an Assistant U.S. Attorney, Mr. Clark was responsible for several notable federal criminal prosecutions, including the Bohemian Savings & Loan bank fraud and Businessmen's Venture pyramid tax scheme. He presented evidence to the grand jury on countless occasions, handled several dozen evidentiary hearings, tried about two dozen cases to verdict, and, memorably (from his perspective), argued a like number of times to the U.S. Court of Appeals for the Eighth Circuit.
Many of his cases have involved disputes into the nine figures, and he was a member of a trial team that obtained a $105,000,000 antitrust verdict against a major telecommunications company, for years a record result for the U.S. District Court for the Eastern District of Missouri. At the same time, Mr. Clark enjoys handling controversies of all natures and sizes, so long as they present the opportunity to decipher evidence and examine witnesses under oath in the search for sometimes-elusive truth.
Bar and Court Admissions
United States Supreme Court
United States Courts of Appeals for the Eighth and Federal Circuits
United States District Court for the Eastern District of Missouri
University of Virginia, J.D., 1980
Duke University, B.A., cum laude, 1976
Mr. Clark has been a frequent writer and speaker on various aspects of the law, ethics and history. For several years he was a nationally syndicated writer on legal topics, under the name of Under Analysis, and also has written columns under the names of Unsolicited Remarks and Engaging People. His work has appeared on the editorial pages of major newspapers.
Speeches and Seminars
Mr. Clark is a regular speaker at CLEs, naturalization ceremonies and civic events, and has frequently appeared on television and radio to address newsworthy legal topics.
American College of Trial Lawyers – Fellow
Special Assistant Attorney General, State of Missouri
U.S. District Court, Eastern District of Missouri – Local Patent Rules Committee; Differentiated Case Management Task Force; Civil Justice Reform Act Committee; Bar Admissions Committee; Certified Mediator
Advisor, Establishment of Taiwanese Intellectual Property Rights Court
Bar Association of Metropolitan St. Louis – Litigation Reform Task Force; Federal Litigation and Practice Committee; Media Relations Committee
Office of U.S. Attorney, for a time assigned to Presidential Organized Crime Drug Enforcement Task Force; Trial Testimony School for Federal Agent – Instructor; Federal Grand Jury Liaison
St. Louis Bar Foundation – Governor
University of Virginia Trial Advocacy Institute – Faculty Member and Lecturer
Civic Involvement and Honors
Mathews-Dickey Boys' & Girls' Club - Board Member
Washington University School of Law, Adjunct Professor, Advanced Trial Advocacy; Trademark Infringement and Licensing
Kirkwood R-7 Board of Education - Past President
Governor's Council on Physical Fitness and Health, State of Missouri
Champ Clark Honey Shuck Restoration, Inc. - Past President, Board Member