Bennett Evan Cooper

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 includes appeals in a broad range of subject matter, with particular emphasis on such fields as insurance coverage and bad-faith defense; intellectual-property protection and e-commerce disputes; professional liability; federal, state, and local taxation; Native American law; and constitutional litigation. In March 2023, Ben argued before the U.S. Supreme Court in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a high-profile case involving trademark parodies.

In the U.S. Court of Appeals for the Ninth Circuit, Ben is the author of Thomson Reuters’s 1,000-page treatise Federal Appellate Practice: Ninth Circuit. A current member of the Ninth Circuit’s Advisory Committee on Rules of Practice and Internal Operating Procedures, Ben previously served as the court-appointed Chair of the Appellate Lawyer Representatives to the Ninth Circuit Judicial Conference. He began his appellate career 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.