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A commercial litigator, Ben Block is a nationally recognized sports lawyer with first-chair trial and appellate experience. On behalf of both sports- and non-sports clients, Mr. Block often handles cases involving high-stakes requests for preliminary injunctive relief.
- Representing the NFL in negotiation of the collective bargaining agreement with the NFL Players Association.
- Successfully defending the NFL in Brady v. NFL against antitrust challenges to the 2011 lockout.
- Representing the Big East / American Athletic Conference in multiple litigations related to conference realignment.
- Representing the American Athletic Conference in multidistrict class action antitrust litigation regarding collegiate athletics eligibility rules.
- Successfully defending the NFL and/or NFL Clubs against the claims in Evans v. Arizona Cardinals, et al., (9th Cir. 2019) (putative class action), Atwater v. NFLPA, et. al., (11th Cir. 2010) (negligence and negligent misrepresentation), Vilma v. Goodell (E.D. La. 2013 (defamation), Mancina v. NFL (E.D. La. 2013) (consumer fraud), and Stringer v. NFL (S.D. Ohio 2005) (wrongful death).
- Representing the NFL in labor arbitration disputes with the NFL Players Association (e.g., Jimmy Graham, Jonathan Fanene, Michael Vick, Plaxico Burress).
- Successfully representing the NFL against challenge to its Draft eligibility rules in Clarett v. NFL (2d Cir.)
- Representing pharmaceutical clients challenging regulatory action as in violation of the Administrative Procedure Act, including motions for temporary restraining orders and preliminary injunctive relief. See, e.g., Amarin Pharms., Ireland, Ltd. v. FDA, 139 F.Supp.3d 437 (D.D.C. 2015).
- Successfully representing HCA hospitals in litigation regarding reimbursement from health insurers for emergency services provided to health exchange plan members.
- Representing patent holders in Hatch-Waxman litigation, including a lead role in securing a preliminary injunction and recall order against an infringing generic company, and in several trial wins.
Pro Bono
- Represented the first-ever certified class action in the United States Court of Appeals for Veterans Claims, Godsey v. Wilkie, No. 17-4361
- Representing military families on Fort Meade bringing claims related to deplorable housing conditions, Addi, et al. v. Corvias Management-Army, LLC, et al., No. 19-cv-03253 (D. Md.)
- Filed Third Circuit amicus brief on behalf of Karen Korematsu, Jay Hirabayashi, and Holly Yasui, arguing for reversal of dismissal of Equal Protection claims in Hassan v. City of New York.
- Filed amicus briefs, cited by the Supreme Court in its decision, in support of petition for certiorari and on the merits regarding Apprendi issues associated with criminal fines. See Southern Union Co. v. United States, No. 11-94 (2012).
- Representing veterans in the Court of Appeals for Veterans Claims.
- Representing clients in criminal and habeas appeals in the 6th Circuit.
Memberships and Affiliations
- National Veterans Legal Services Program, Member of the Board
Previous Experience
- United States Army, Armor Branch, Officer (1993-1998)
When the Stars (Re)Align
February 10, 2012, ESPN
"Ben Block, Covington's lead attorney for the Big East, was instrumental in defeating Maurice Clarett's attempt to duck the rule that requires three years of college before being eligible to play in the NFL, and he appeared to be well on his way to defeating WVU's attempt to duck the rule that requires a 27-month waiting period.” - Lester Munson
Protecting the Game: Legal Issues Facing Teams and Leagues When They Discipline Players and Owner
May 14, 2015, 41st Annual Sports Lawyers Association Conference
Current Issues in Professional Sports: From Blackouts to Morality
April 10, 2015, 8th Annual GEMALaw Sports & Entertainment Law Symposium, Georgetown Law School
February 13, 2020, The Kojo Nnamdi Show
Ben Block and Samantha Clark were featured on The Kojo Nnamdi Show on WAMU-FM public radio in Washington, sharing their experience representing military families in a lawsuit against a privatized on-base housing company.
December 13, 2019, New York Times
Ben Block is quoted in the New York Times regarding the firm’s representation of military families in their suit against Corvias, a company managing the privatized housing at the Fort Meade military base since 2002. Mr. Block says, “What they really want is to ensure that what they went through doesn’t happen to the next family, and the family after that. These ...
June 14, 2019
WASHINGTON—Today, for the first time in its history, the United States Court of Appeals for Veterans Claims certified a class action and granted classwide relief to veterans. Covington brought this class action petition in partnership with the National Veterans Legal Services Program. The landmark petition challenged the inexcusable delays by the Veterans ...
Sports Group Of The Year: Covington & Burling
February 5, 2018, Law360
Covington was named a 2017 Sports Practice Group of the Year by Law360. According to Ben Block, one of the most rewarding aspects of the sports group is the opportunity to work with repeat clients. "But," he adds, "every year and every day is a new, different, and exciting challenge." Commenting on the Tax Court victory on behalf of the Boston Bruins in a ...
Covington Secures Victory for Amarin Against FDA
May 29, 2015
WASHINGTON, DC, May 29, 2015 — Covington scored a victory for Amarin Pharmaceuticals Ireland Limited this week when a federal judge vacated the U.S. Food and Drug Administration’s earlier decision that Amarin’s new drug Vascepa was not entitled to a five-year period of market exclusivity. It is the first known successful challenge to FDA’s denial of ...
Solving Football’s Off-Field Crisis
April 3, 2015, 4th Annual NYU Sports Law Colloquium
Changing the Game: Player Discipline and the Future of the NFL
March 26, 2015, 2015 Sports and Entertainment Law Symposium, Harvard Law School
Legal Challenges to the NCAAs Amaturism Rules
October 25, 2014, Federal Bar Council Fall Bench and Bar Retreat
October 22, 2014, The American Lawyer
"Warner is represented by George F. Pappas, Jeffrey B. Elikan, Benjamin C. Block, Eric R. Sonnenschein and Jeremy D. Cobb of Covington & Burling LLP."
October 6, 2014, The American Lawyer
Covington is featured in this article regarding the firm advising the National Basketball Association on a media rights deals with Walt Disney Co. and Time Warner Inc.’s Turner Broadcasting System. "The agreement comes on the heels of the NFL's renewal of its Sunday Ticket game package with DirecTV last week. Covington counseled its longtime client the NFL on ...
7/17/2014
WASHINGTON, DC, July 17, 2014 — Covington on July 10 filed an amici curiae brief in support of the plaintiff-appellants in Hassan et al. v. City of New York, a case challenging the New York Police Department’s surveillance and infiltration program that targeted Muslim American communities. Covington filed the brief on behalf of Karen Korematsu, Jay Hirabayashi, ...
Covington Advises Steve Ballmer on Clippers Purchase
5/30/2014
WASHINGTON, DC, May 30, 2014 — Covington & Burling advised Steve Ballmer on his agreement to purchase the Los Angeles Clippers from The Sterling Family Trust for $2 billion. "I will be honored to have my name submitted to the NBA board of governors for approval as the next owner of the Los Angeles Clippers. I love basketball," Ballmer said in a statement. "And ...
May 30, 2014, Law360 - 5 Must-Know Facts About Ballmer's $2B Clippers Bid
Covington advised Steve Ballmer on his agreement to purchase the Los Angeles Clippers from The Sterling Family Trust for $2 billion. The firm is mentioned in the above articles regarding the deal. Law360 writes, "Steve Ballmer is represented in the latest deal by a Covington & Burling LLP team led by Doug Gibson, Scott Roades and Peter Zern, including Rob ...
Labor & Collective Bargaining Issues Relating to the Rookie Transition in the NFL
February 28, 2014, Inaugural Penn Law Sports Law Symposium
Lockouts, Greed, and Collective Bargaining
March 8, 2013, 2d Annual Virginia Sports Law Symposium
Antitrust in the Sports Arena
May 8, 2012, Antitrust Institute 2012: Developments & Hot Topics
Developments & Hot Topics - Antitrust in the Sports Arena
May 8, 2012, Antitrust Institute
Covington Promotes Six Lawyers to Partnership
October 1, 2010
WASHINGTON, DC, October 1, 2010 — Covington & Burling LLP today announced that six of its lawyers have been elected to the firm’s partnership. The six new partners and their practices are as follows: Tammy Albarrán (Litigation) focuses on SEC enforcement work, private securities class action litigation, derivative actions, and internal investigations. She ...
10/10/2007
WASHINGTON, DC, October 10, 2007 — A court-appointed special master ruled yesterday in favor of the Atlanta Falcons and the NFL Management Council in connection with the Falcons’ attempt to recover more than $19 million in bonus money paid to now-suspended quarterback Michael Vick. Special Master Stephen B. Burbank, professor at the University of Pennsylvania ...
2001, 16 J.L. & Pol. 499
- Chambers USA, Sports Law (2014-2019)
- Legal 500 US, Sports (2014-2016)
- Washington DC Super Lawyer, Litigation (2013-2019)
Practices
Education
University of Virginia School of Law, J.D./M.A., 2001
- Hardy Cross Dillard Scholarship
- Goldsten Award for Distinction in the Classroom
- Virginia Law Review, Executive Editor
U.S. Military Academy at West Point, B.S., 1993
- Harry S. Truman Scholar