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Benjamin S. Softness

Associate
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Ben Softness represents plaintiffs and defendants in complex and high-stakes civil and criminal litigation. He has experience in trial and appellate courts, as well as before federal agencies, and he has particular expertise in antitrust, telecommunications, administrative law, and appellate litigation.  He has presented oral arguments in multiple U.S. Courts of Appeals and has drafted merits and amicus briefs in the U.S. Supreme Court.

Before joining Kellogg Hansen in 2014, Mr. Softness was a law clerk to the Honorable A. Raymond Randolph of the United States Court of Appeals for the District of Columbia Circuit.  Mr. Softness graduated summa cum laude from the University of Pennsylvania Law School, where he was Executive Editor of Penn’s Law Review and a member of its Supreme Court Litigation Clinic.  He holds a B.A. in Philosophy, magna cum laude, from Amherst College.

Noteworthy Representations

Sanders v. United States,  937 F.3d 316 (4th Cir. 2019):  Successfully represented and presented oral argument on behalf of amicus curiae Brady Center to Prevent Gun Violence in support of the survivors and families of the victims of the 2015 shooting at Emanuel A.M.E. Church in Charleston.  Citing the Brady Center’s brief in its decision, the Fourth Circuit ruled that the Brady Law does not immunize the federal government from suit for its failure to block the sale of the gun used in the tragedy.

Apple Inc. v. Pepper, 139 S. Ct. 1514 (2019):  Successfully represented class of consumer plaintiffs in major antitrust victory concerning the scope of § 4 of the Clayton Act and Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977).

Publications

Preserving Judicial Supremacy Come Heller High Water, 161 U. Pa. L. Rev. 623 (2013)

Education

University of Pennsylvania Law School, J.D., summa cum laude, 2013

  • Executive Editor, University of Pennsylvania Law Review
  • Order of the Coif

Amherst College, B.A., magna cum laude, 2006

Clerkship

Law Clerk, Judge A. Raymond Randolph, U.S. Court of Appeals, District of Columbia Circuit, 2013-2014


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