Dan Benjamin
Dan Benjamin

Daniel M. Benjamin

Of Counsel

Tel 619.487.0787
Fax 619.696.9269
San Diego

Daniel M. Benjamin focuses on complex civil litigation. Mr. Benjamin's work encompasses class action defense, real estate disputes, regulatory litigation, commercial and federal receiverships, and general commercial litigation. He has practiced extensively in both California and the Pacific Islands.

Mr. Benjamin's recent representations include acting as the lead attorney in obtaining dismissals with prejudice of competing class and mass tort securities actions seeking hundreds of millions of dollars in damages against an international real estate broker regarding a major hotel condominium development. He also helped secure the recent dismissal of a major utility from a class action concerning millions of residents affected by a blackout that struck four counties in Southern California in 2011. He is actively litigating numerous other consumer class actions and has successfully litigated others through dismissal, appeal, and favorable settlements.

Mr. Benjamin's real estate, commercial, and financial litigation experience also includes a cross-border, multibillion-dollar lender liability suit involving an international developer that settled in his client’s favor; successful representation of a client in a failed multimillion-dollar real estate partnership; and securing commercial receiverships on behalf of financial institutions and special servicers. Mr. Benjamin frequently represents federal receivers in Securities and Exchange Commission (SEC) and Federal Trade Commission (FTC) actions, and has recovered millions on behalf of defrauded parties.

In the Pacific Islands, Mr. Benjamin previously served as outside counsel for the governor of a Pacific Islands territory in a number of matters, including obtaining the successful resolution of competing class actions seeking over $300 million from that territory's government and dismissal with prejudice of several other sizeable class actions. His diverse experience in the region also includes the successful representations of minority shareholders in one of the largest hotels in Saipan, and representation of a leading bank in the region in claims concerning its former fiduciaries. Mr. Benjamin has appeared pro hac throughout Micronesia, securing a multimillion-dollar settlement on his client's behalf with the Federated States of Micronesia.

In the public-interest arena, Mr. Benjamin represents the family and estate of a woman who died after being shot by her husband, a sheriff's deputy. He served as the lead attorney in successfully briefing and arguing two simultaneous appeals in that case, with the Ninth Circuit ruling in favor of his clients in both appeals in a decision published as Maxwell v. County of San Diego, __ F.3d __, Ninth Cir. Appeals Nos. 10-56671 & 56706 (9th Cir. Feb. 14, 2013).

Pro Bono Experience

Mr. Benjamin maintains an active pro bono practice. A member of Ballard Spahr's Pro Bono Committee, he represents a partially paralyzed inmate in a case concerning deprivation of medical care and retaliation. He also is a member of the pro bono panel for the Southern District of California. 

Judicial Clerkships/Externships

Judicial clerk, Hon. David R. Thompson, U.S. Court of Appeals for the Ninth Circuit

Judicial extern, Hon. Anthony Kline, Presiding Justice, California Court of Appeal

Professional Activities

National LGBT Bar Association, Membership Committee

Ballard Spahr's Diversity and Inclusion Council and Pro Bono Committee

Recognition & Accomplishments

Recipient, Ballard Spahr's 2013 Alan J. Davis Award, for his pro bono work as a member of the Prisoner Civil Rights Team


Co-author, "Federal Court Rejects Electric Reliability Standards as Basis for Tort Liability," Ballard Spahr alert, December 16, 2013

"Optional Rental Program Did Not Transform Hotel-Condominium Units into Securities, Ninth Circuit Holds," Ballard Spahr alert, August 16, 2013

Board Memberships

American Board of Trial Lawyers, San Diego Chapter, 2009-present

University of California, Berkeley, School of Law (J.D. 2000)
Senior Articles Editor and Managing Editor, Berkeley Journal of Employment and Labor Law; Member, Order of the Coif; Member, Moot Court Board

University of California, Santa Cruz (B.A. 1997, with honors)



U.S. District Courts for the Southern, Central, and Northern Districts of California

U.S. Court of Appeals for the Ninth Circuit

U.S. Supreme Court