BenjaminD.
Brooks

Partner
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Benjamin Brooks

Overview

Ben Brooks is a trial and appellate litigator who represents clients across various industries, including healthcare, insurance, retail and financial services. He excels at defending healthcare entities in complex reasonable value disputes related to hospital services and defending class actions involving a wide range of issues, including privacy and consumer protection claims.

Ben represents health plans in contracted and non-contracted disputes under the Knox Keene Act and in connection with regulatory compliance issues.

In addition to healthcare litigation, Ben represents retail clients in consumer class actions involving privacy and consumer protection claims, including claims under the California Invasion of Privacy Act (CIPA), the California Consumers Legal Remedies Act (CLRA), California’s Unfair Competition Law (UCL) and California’s False Advertising Law (FAL).

Ben also represents property and casualty insurers in high-stakes bad faith litigation and insurer-to-insurer litigation involving claims for equitable subrogation and contribution.

Ben has significant experience representing banks, mortgage servicers and other financial institutions in both litigation and advisory capacities. For his financial services clients, Ben is experienced in defending consumer class actions involving the Fair Credit Reporting Act, Truth in Lending Act, the Racketeer Influenced and Corrupt Organizations Act (RICO), federal and state securities laws and state consumer-protection statutes, such as California’s Unfair Competition Law.

Outside the office, Ben enjoys spending time with family, playing guitar and strength training.


Experience
  • Representing Knox Keene Act health plan in disputes with non-contracted providers related to the health plan’s regulatory reimbursement methodology and payments for emergency services pursuant to that policy
  • Representing Knox-Keene Act health plan in dispute with contracted provider related to alleged breaches of contract
  • Representing national retailer in putative class actions asserting claims under the CLRA and UCL based on alleged false reference pricing
  • Representing national retailer in putative class action asserting claims under the California Invasion of Privacy Act based on alleged aiding and abetting of eavesdropping by online chat vendor
  • Dismissal of equitable subrogation claim by excess insurer against primary insurer arising out of a murder at a Nevada apartment complex and subsequent wrongful death claim (2023)
  • Summary judgment in favor of primary insurer defendant in equitable subrogation case brought by excess insurer arising out of an automobile collision and paralysis injury (2021)
  • Defense verdict after a bench trial of third party bad faith claim against insurer for alleged unreasonable failure to settle auto injury claim (2022)
  • Represented financial institution in putative nationwide class action asserting FCRA claims
  • Advised national bank in establishing and implementing consumer-facing remediation strategies
  • Advised marketplace lending institution in connection with an FDIC examination report asserting TILA and UDAP violations
  • Provided regulatory advice to global e-commerce company regarding bank licensure and usury restrictions
  • Represented mortgage servicer in putative class action relating to HAMP trial payment plan communications
  • Summary judgment of federal and state securities fraud claims against investment bank in residential mortgage-backed securities litigation
  • Represented national bank in RMBS litigation asserting breach of contract claims for failure to properly service loans in accordance with accepted servicing practices and contractual servicing obligations
  • Represented mortgage servicer in putative nationwide class action asserting RICO and fraud claims challenging fees for default-related services
  • Represented national bank in putative nationwide class action asserting breach of contract claim relating to refinancing of FHA-insured mortgages
Credentials
Education

J.D., University of Chicago, 2015, with High Honors, Order of the Coif; Pro Bono Service Initiative Award

B.M., California State University at Sacramento, 2012, summa cum laude

Admissions

California

New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Central District of California

Honors

San Diego Rising Star, Super Lawyers, 2025