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Ben Kimberley is an associate in Winston & Strawn’s San Francisco office. Mr. Kimberley focuses his practice on white collar and internal investigations, complex civil litigation, Foreign Corrupt Practice Act (FCPA) issues, financial regulation and litigation, and government ethics compliance. Mr. Kimberley also has significant experience coordinating domestic and international forensic examinations and collections of data, as well as using existing collection, processing and review processes and technologies to reduce clients’ eDiscovery costs.
Select examples of Mr. Kimberley’s representative matters include:
- Represented a Fortune 500 client in a federal civil class action trial brought under California’s Private Attorney General Act, resulting in a defense verdict.
- Conducted an internal investigation for the board of an international company related to potential FCPA and anti-corruption issues in Europe.
- Conducted an internal investigation for an international company related to potential FCPA and anti-corruption issues in Asia.
- Represented a bankruptcy trustee in both federal bankruptcy court and in arbitrations in a complex matter involving breach of fiduciary duty and fraudulent transfer claims against multiple former officers and directors of a failed subprime mortgage lender.
- Represented a beneficiary of the late comedian Joey Bishop’s trust instruments in actions to set aside Bishop’s gifts to his lawyers, and for related damages.
- Represented a theater company related to labor charges before the National Labor Relations Board.
- Represented an electronics company in a successful bid to compel arbitration in addition to winning attorney’s fees associated with seeking arbitration.
Activities
In addition to Mr. Kimberley’s service on various firm committees, he is also an active member of the community.
Mr. Kimberley serves the City of Oakland as a Commissioner for the Oakland Public Ethics Commission. In that capacity, he oversees compliance with Oakland’s Campaign Reform Act (“OCRA”), Conflict of Interest Code, City Council Code of Conduct, Sunshine Ordinance, Limited Public Financing Act, Lobbyist Registration Act, and Oakland’s False Endorsement In Campaign Literature Act.
Mr. Kimberley also is a member of the American Bar Association, Alameda County Bar Association, and the Bar Association of San Francisco. Select examples of his service with these numerous bar associations include:
- Co-Chair of the Alternative Dispute Resolution Subcommittee of the ABA Litigation Section’s Commercial & Business Litigation Committee.
- Co-Chair of the Ethics Subcommittee of the ABA Litigation Section’s Commercial & Business Litigation Committee.
- Northern California District Representative, ABA Young Lawyers Division.
- Board Member, ABA Young Lawyers Division Council, the governing body of the largest young lawyer organization in the world.
- Board Member, California Young Lawyers Association (CYLA), a section of the State Bar of California appointed by the Board of Trustees.
Mr. Kimberley is committed to providing pro bono services to the public. He worked with the Federal Emergency Management Agency to provide disaster legal services to victims of FEMA-declared disasters in northern California. He also worked with the State Bar of California to update its Disaster Legal Services Handbook. Mr. Kimberley also served as the chair of an exploratory committee of the CYLA tasked with the responsibility of identifying obstacles faced by young California lawyers. Additionally, he participated in the ABA YLD’s national service project, Serving Our Seniors, through which senior citizens are provided free legal counseling regarding their estate planning. Further, Mr. Kimberley provided countless hours of pro bono legal service to mothers and children that are victims of abuse, veterans, and the wrongly incarcerated.
Education
Mr. Kimberley received a B.A. in Political Science and International Studies from Northwestern University in 2003 and a J.D. in 2008 from the University of California's Boalt Hall Berkeley School of Law, where he was managing editor and submissions editor of the Berkeley Journal of International Law and appellate advocacy director for the Moot Court Board and Boalt Hall's McBaine Moot Court competition.
Speeches and Publications
- "Arbitration in the Age of E-Discovery: New Procedures May Lure Litigants Away From the Courthouse," Bureau of National Affairs, May 26, 2011
- "California Enforces Employee Handbooks Restricting Company Computer Use," Westlaw Journal of Employment, April 19, 2011
- "The Intersection of Company Polices and an Employee’s Assertion of the Attorney-Client Privilege: The Emerging Standard for Effective Drafting and Application of Company Electronic Use Policies," Employee Relations Law Journal, Winter 2010
- "The Keys to Conducting a Successful Witness Interview: The Main Event," Los Angeles Daily Journal, Aug. 27, 2010
- "The Keys to Conducting a Successful Witness Interview: Strategy and Preparation," Los Angeles Daily Journal, Aug. 26, 2010
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