Education

  • University of California-Los Angeles School of Law, J.D., 2009, Order of the Coif
  • Tufts University, B.A., History, magna cum laude, 2004

Admissions

  • California, 2009
  • U.S. Supreme Court
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T: 415-433-6830
F: 415-433-7104
E: bbien-kahn@rbgg.com

Ben Bien-Kahn is an associate at Rosen Bien Galvan & Grunfeld LLP. He has worked with clients to resolve a wide range of complex matters involving actual or potential civil litigation, including wrongful death actions, employment law matters, commercial disputes, free speech claims, and disability access compliance. Mr. Bien-Kahn’s practice includes both trial and appellate matters in state and federal court. Full bio »

vCard icon

Download vCard
T: 415-433-6830
F: 415-433-7104
E: bbien-kahn@rbgg.com

Ben Bien-Kahn is an associate at Rosen Bien Galvan & Grunfeld LLP. He has worked with clients to resolve a wide range of complex matters involving actual or potential civil litigation, including wrongful death actions, employment law matters, commercial disputes, free speech claims, and disability access compliance. Mr. Bien-Kahn’s practice includes both trial and appellate matters in state and federal court.

Mr. Bien-Kahn is a graduate of Tufts University and the University of California-Los Angeles School of Law. Prior to joining RBGG, he served as a law clerk to the Honorable Rosemary Barkett of the United States Court of Appeals for the Eleventh Circuit in Miami, Florida. He also played a pivotal role as second chair in the successful criminal defense of a client facing racketeering charges in the United States District Court for the Northern District of California, obtaining an acquittal at trial. In 2014, Mr. Bien-Kahn was named as a Northern California Rising Star by Super Lawyers.

REPRESENTATIVE CASES
  • Estate of Nunuha v. State of Hawaii: RBGG represented the mother and son of Bronson Nunuha, a young Hawaii prisoner who was brutally murdered at a Corrections Corporation of America private prison in Arizona, when two prison gang members entered his unlocked cell and stabbed him to death. The wrongful death lawsuit alleged that the death was preventable were it not for the prison’s inadequate security policies and practices, and the State of Hawaii’s lack of oversight. We obtained a confidential settlement in the case.
  • Estate of Medina v. State of Hawaii: RBGG represented the mother, sister, and two aunts of Clifford Medina, a young developmentally disabled Hawaii prisoner who was murdered by his cellmate at a Corrections Corporation of America private prison in Arizona, less than four months after Bronson Nunuha was killed in the same housing unit. The wrongful death lawsuit alleged that custody staff ignored clear warning signs that Clifford Medina was in danger, including threats made by the killer the day before the murder. We obtained a confidential settlement in the case.
  • Amicus Briefs on Behalf of Survivors of Sexual Orientation Change Efforts: RBGG has submitted multiple friend of court briefs urging the Supreme Court to recognize sexual orientation as a suspect classification under the Equal Protection Clause of the Fourteenth Amendment in the recent marriage equality cases. See Obergefell v. Hodges, __ S.Ct. __ (2015); Hollingsworth v. Perry, 133 S. Ct. 2652 (2013), andUnited States v. Windsor, 133 S. Ct. 2675 (2013). We also submitted briefs in support of California and New Jersey laws enacted to protect minors from the serious harms caused by “sexual orientation change efforts” (SOCE), the dangerous “therapies” purportedly designed to “treat” homosexuality. See Pickup v. Brown/Welch v. Brown, 728 F.3d 1042 (2013), and King v. New Jersey, 767 F.3d 216 (2014).
  • Hernandez v. County of Monterey: We filed suit against the County of Monterey and its private medical provider, California Forensic Medical Group, challenging dangerous and unconstitutional conditions in the County’s Jail, a system plagued by severe overcrowding, outdated facilities, and chronic understaffing. In 2014, we obtained a unique ruling allowing ADA Title III claims to be asserted against the Jail’s private medical provider. See Hernandez v. County of Monterey, __ F. Supp. 3d __, 2014 WL 4843945 (N.D. Cal. Sept. 29, 2014). After we defeated the defendants’ motions to dismiss, the federal court certified a class of the approximately 950 prisoners in the Jail, along with a sub-class of prisoners with disabilities.  
  • Prison Legal News v. Ventura County:  We established its publisher client’s First Amendment rights to reach its readers by successfully challenging an unlawful jail policy limiting incoming mail to postcards.
  • Former Shareholders v. Corporation: The firm represents a corporation that manages elder care communities in the Bay Area in a dispute over the value of various business holdings upon the departure of two shareholders.
  • Ramirez v. Ghilotti Bros., Inc.: In this complex class action on behalf of laborers alleging wage and hour violations against a major construction company, we obtained final approval of a $950,000 settlement with injunctive relief for the class. We also defeated the claims of company supervisors who asserted they should share in the settlement, even though they had perpetrated the alleged wage and hour violations against class members. Before the settlement was reached, we obtained a conditional certification of Fair Labor Standards Act claims and a published decision striking all of the defendant’s affirmative defenses. See Ramirez v. Ghilotti Bros., Inc., 941 F. Supp. 2d 1197 (N.D. Cal. 2013).
  • Corporation v. Law Firm: RBGG obtained a confidential settlement on behalf of a corporation dedicated to assisting elders and managing elder communities in the Bay Area in claims that its long-time counsel failed to disclose conflicts of interest and to offer proper advice concerning a complex series of real estate investment transactions.

Honors & Awards

  • Northern California Super Lawyers, 2014 Rising Star
  • Judge Jerry Pacht Constitutional Law Award, UCLA School of Law, 2009

Admissions

  • California, 2009
  • U.S. Supreme Court

Professional Experience

  • Law Clerk to the Honorable Rosemary Barkett, United States Court of Appeals for the Eleventh Circuit, 2010

Ben Bien-Kahn is an associate at Rosen Bien Galvan & Grunfeld LLP. He has worked with clients to resolve a wide range of complex matters involving actual or potential civil litigation, including wrongful death actions, employment law matters, commercial disputes, free speech claims, and disability access compliance. Mr. Bien-Kahn’s practice includes both trial and appellate matters in state and federal court.

Mr. Bien-Kahn is a graduate of Tufts University and the University of California-Los Angeles School of Law. Prior to joining RBGG, he served as a law clerk to the Honorable Rosemary Barkett of the United States Court of Appeals for the Eleventh Circuit in Miami, Florida. He also played a pivotal role as second chair in the successful criminal defense of a client facing racketeering charges in the United States District Court for the Northern District of California, obtaining an acquittal at trial. In 2014, Mr. Bien-Kahn was named as a Northern California Rising Star by Super Lawyers.

REPRESENTATIVE CASES
  • Estate of Nunuha v. State of Hawaii: RBGG represented the mother and son of Bronson Nunuha, a young Hawaii prisoner who was brutally murdered at a Corrections Corporation of America private prison in Arizona, when two prison gang members entered his unlocked cell and stabbed him to death. The wrongful death lawsuit alleged that the death was preventable were it not for the prison’s inadequate security policies and practices, and the State of Hawaii’s lack of oversight. We obtained a confidential settlement in the case.
  • Estate of Medina v. State of Hawaii: RBGG represented the mother, sister, and two aunts of Clifford Medina, a young developmentally disabled Hawaii prisoner who was murdered by his cellmate at a Corrections Corporation of America private prison in Arizona, less than four months after Bronson Nunuha was killed in the same housing unit. The wrongful death lawsuit alleged that custody staff ignored clear warning signs that Clifford Medina was in danger, including threats made by the killer the day before the murder. We obtained a confidential settlement in the case.
  • Amicus Briefs on Behalf of Survivors of Sexual Orientation Change Efforts: RBGG has submitted multiple friend of court briefs urging the Supreme Court to recognize sexual orientation as a suspect classification under the Equal Protection Clause of the Fourteenth Amendment in the recent marriage equality cases. See Obergefell v. Hodges, __ S.Ct. __ (2015); Hollingsworth v. Perry, 133 S. Ct. 2652 (2013), andUnited States v. Windsor, 133 S. Ct. 2675 (2013). We also submitted briefs in support of California and New Jersey laws enacted to protect minors from the serious harms caused by “sexual orientation change efforts” (SOCE), the dangerous “therapies” purportedly designed to “treat” homosexuality. See Pickup v. Brown/Welch v. Brown, 728 F.3d 1042 (2013), and King v. New Jersey, 767 F.3d 216 (2014).
  • Hernandez v. County of Monterey: We filed suit against the County of Monterey and its private medical provider, California Forensic Medical Group, challenging dangerous and unconstitutional conditions in the County’s Jail, a system plagued by severe overcrowding, outdated facilities, and chronic understaffing. In 2014, we obtained a unique ruling allowing ADA Title III claims to be asserted against the Jail’s private medical provider. See Hernandez v. County of Monterey, __ F. Supp. 3d __, 2014 WL 4843945 (N.D. Cal. Sept. 29, 2014). After we defeated the defendants’ motions to dismiss, the federal court certified a class of the approximately 950 prisoners in the Jail, along with a sub-class of prisoners with disabilities.  
  • Prison Legal News v. Ventura County:  We established its publisher client’s First Amendment rights to reach its readers by successfully challenging an unlawful jail policy limiting incoming mail to postcards.
  • Former Shareholders v. Corporation: The firm represents a corporation that manages elder care communities in the Bay Area in a dispute over the value of various business holdings upon the departure of two shareholders.
  • Ramirez v. Ghilotti Bros., Inc.: In this complex class action on behalf of laborers alleging wage and hour violations against a major construction company, we obtained final approval of a $950,000 settlement with injunctive relief for the class. We also defeated the claims of company supervisors who asserted they should share in the settlement, even though they had perpetrated the alleged wage and hour violations against class members. Before the settlement was reached, we obtained a conditional certification of Fair Labor Standards Act claims and a published decision striking all of the defendant’s affirmative defenses. See Ramirez v. Ghilotti Bros., Inc., 941 F. Supp. 2d 1197 (N.D. Cal. 2013).
  • Corporation v. Law Firm: RBGG obtained a confidential settlement on behalf of a corporation dedicated to assisting elders and managing elder communities in the Bay Area in claims that its long-time counsel failed to disclose conflicts of interest and to offer proper advice concerning a complex series of real estate investment transactions.

Education

  • University of California-Los Angeles School of Law, J.D., 2009, Order of the Coif
  • Tufts University, B.A., History, magna cum laude, 2004

Honors & Awards

  • Northern California Super Lawyers, 2014 Rising Star
  • Judge Jerry Pacht Constitutional Law Award, UCLA School of Law, 2009

Publications