Benjamin Beaton

    Benjamin Beaton


    Benjamin Beaton is a litigator who handles complex appeals, trial proceedings and regulatory disputes. He has authored more than a dozen briefs at the US Supreme Court, where he previously served as a law clerk, and drafted dozens more in the federal courts of appeal and state supreme courts. In trial proceedings across the country, Ben has tried cases, briefed and argued dispositive motions, defended and examined high-profile witnesses and negotiated settlements. Outside the courtroom, Ben has drawn on his governmental experience to counsel a Fortune 100 CEO appearing before a US Senate committee, resolve congressional investigations of a major bank and represent many of the country’s largest financial institutions before the SEC.

    At the start of his legal career, Ben clerked on the US Supreme Court for Justice Ruth Bader Ginsburg and the US Court of Appeals for the DC Circuit for Judge A. Raymond Randolph. He also worked as a legal fellow in Uganda for the International Justice Mission and traveled to London as a Temple Bar Scholar.

    A native and resident of Kentucky, Ben has handled appeals for the University of Kentucky and several other major institutions in the Commonwealth. He helped found the Kentucky Business Council and sits on the Board of Trustees for his alma mater, Centre College. Before attending law school, Ben served as deputy chief of staff for the Kentucky Cabinet for Health and Family Services, and as a legislative assistant for the US Congressman representing western Kentucky.

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    • Successfully challenged the Environmental Protection Agency’s interstate-transport rule on remand from the US Supreme Court. 795 F.3d 118 (D.C. Cir. 2015).
    • Persuaded the Kentucky Supreme Court to reverse its recent precedent on a preemption question of national significance for healthcare providers. Baptist Healthcare v. Clouse, 497 S.W.3d 759 (Ky. 2016).
    • Represented patentee in Federal Circuit panel and en banc proceedings and on certiorari review in the Supreme Court.
    • Lead appellate counsel in successful due process challenge to a criminal forfeiture order. Groves v. United States (4th Cir. 2016).
    • Argued as court-appointed amicus curiae in criminal bank fraud appeal. O’Neill v. United States (D.C. Cir. 2016).


    • Won a significant jury verdict in federal civil-rights litigation. Wyatt v. Owens, 317 F.R.D. 535 (W.D. Va. 2016).
    • Representing major national financial institutions in challenge to stock-exchange fees during adversarial hearing and appeal.
    • Resolved securities class action against corporate officers of bankrupt former Fortune 500 company.
    • Trial-level counsel for a trade association challenging the Department of Labor’s Fiduciary Duty Rule, successfully invalidated on appeal. Chamber of Commerce v. DOL (5th Cir. 2018).
    • Resolved major class action against Fortune 500 energy company arising out of the deregulation of Ohio electricity rates.
    • Counsel for national media company in numerous First Amendment disputes regarding municipal and federal regulations.
    • Won eight-figure award on summary judgment in Jefferson County (Ky.) Circuit Court before successfully resolving the breach-of-contract dispute on behalf of a pharmaceutical distributor.


    • Columbia University School of Law, J.D., articles editor, Columbia Law Review, 2009
    • Centre College of Kentucky, B.A., summa cum laude, Phi Beta Kappa, 2003


    • District of Columbia, 2012
    • Kentucky, 2010


    • U.S. Supreme Court
    • U.S. Ct. of App., Third Circuit
    • U.S. Ct. of App., Fourth Circuit
    • U.S. Ct. of App., Fifth Circuit
    • U.S. Ct. of App., Sixth Circuit
    • U.S. Ct. of App., Ninth Circuit
    • U.S. Ct. of App., District of Columbia Circuit
    • U.S. Ct. of App., Federal Circuit
    • U.S. Dist. Ct., W. Dist. of Kentucky
    • U.S. Dist. Ct., Dist. of Columbia

    Memberships and Affiliations

    • Cincinnati/Northern Kentucky Federal Bar Association
    • Centre College, Board of Trustees
    • Kentucky Business Council
    • American Bar Association, Administrative Law Section

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    • Author, “Textualism in the Trenches: Judge Amul Thapar and the Administrative State,” 36 Yale J. On Reg.: Notice & Comment, July 3, 2018
    • Co-author, with Judge Amul R. Thapar,The Pragmatism of Interpretation: A Review of Richard Posner’s The Federal Judiciary,” 116 Michigan Law Review 819, 2018.
    • Panelist, Kentucky Bar Association Annual Convention, US Supreme Court Review, 2017.
    • Speaker, “Our Human Constitution: The Supreme Court and the Liberal Arts,” Constitution Day Lecture, Centre College, 2015.
    • Speaker, US Supreme Court Term-in-Review, Federalist Society Louisville Lawyers’ Chapter, September 15, 2015.
    • Author, “View from Temple Bar: Proximity and Professionalism in London,” The Bencher, March/April 2014.
    • Author, “Walking the Federalist Tightrope,” 108 Columbia Law Review 1670, 2008.

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