Benjamin S. Kagel

Associate | San Diego | (858) 314-7614
(858) 314-7614

Ben’s practice focuses on product liability litigation and advisement for companies in the pharmaceutical, medical devices, technology, and consumer products industries. He counsels clients throughout the entire product life cycle and provides practical risk assessments and regulatory compliance advice. Ben also litigates complex cases, including class actions, mass torts, and commercial disputes in both state and federal courts.

Before joining MoFo, Ben served as a judicial extern to the Honorable M. Margaret McKeown in the United States Court of Appeals for the Ninth Circuit, the Honorable Terry B. O’Rourke in the California Court of Appeal, 4th District, Division 1, and the Honorable Jill L. Burkhardt in the Southern District of California. Prior to attending law school, he also worked as a Litigation Clerk at a national law firm in Los Angeles and as a research intern at the Arms Control Association in Washington, D.C.

Ben received his J.D., magna cum laude, from the University of San Diego School of Law where he was elected to the Order of the Coif. During law school, he served on the editorial board of the San Diego Law Review and worked as a research assistant to Professor Orly Lobel. He also competed as a national team member for the Appellate Moot Court Executive Board and participated in the 2016 McLennon Moot Court Competition, winning the 1st Place Best Oralist Award.

Ben received his B.A. in political science from the University of California, Los Angeles, with a minor in global studies. 

Representative Experience

  •, Inc.
    Argued successful appeal before the California Court of Appeal, Fourth District, Division One on the issue of whether the client’s user agreement delegated questions of arbitrability to an arbitrator.
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