Ben Mizer litigates complex matters in state and federal courts and has broad experience in conflicts involving the government. He has argued almost 20 appeals in various courts, including three in the U.S. Supreme Court.
Before joining Jones Day, Ben was the Acting Assistant Attorney General for the U.S. Justice Department's Civil Division. As the head of DOJ's largest litigating component, he oversaw litigation covering a wide range of subject matters, including financial reform, food and drug law, health care, immigration, national security, and tort actions. He supervised the defense of federal statutes and Executive Branch actions against challenges in both trial-level and appellate courts, and he personally argued high-profile matters in the courts of appeals. He also oversaw all civil financial fraud litigation under the False Claims Act (FCA), FIRREA, and other statutes, and he participated in negotiating some of the largest financial settlements in the Department's history.
In other senior roles at DOJ, Ben advised the White House, the Attorney General, and other federal agencies on significant matters related to financial regulations, cybersecurity, CFIUS, immigration, civil rights, and antitrust issues. Before joining DOJ, he served as the Solicitor General of Ohio, where he oversaw all of the State of Ohio's appellate litigation.
Ben has won many awards for his work at DOJ and for his briefs and academic writings, and in 2011 the National LGBT Bar Association named him one of the Best LGBT Lawyers under 40. He is a barrister with the Edward Coke Appellate Inn of Court.
- January 2018DOJ Limits the Use of Agencies' Guidance Documents in Civil Enforcement Actions
- January 2018New DOJ Guidance May Signal Greater Willingness to Dismiss Qui Tam Cases
- January 2018Supreme Court Rules Pending Federal Action Stops the Clock on State Limitation Periods
- University of Michigan (J.D. magna cum laude 2002; Order of the Coif; Henry M. Bates Memorial Award; Editor-in-Chief, Michigan Law Review); The College of Wooster (B.A. summa cum laude with departmental honors 1999; Phi Beta Kappa)
- District of Columbia, Ohio, U.S. Supreme Court, and U.S. Courts of Appeals for the First, Fifth, Sixth, Seventh, Eighth, Ninth, and D.C. Circuits
- Acting Assistant Attorney General and Principal Deputy Assistant Attorney General, Civil Division, U.S. Department of Justice (2015-2017); Counselor to the Attorney General of the United States (2014-2015); Deputy Assistant Attorney General (2012-2014) and Senior Counsel (2011-2012), Office of Legal Counsel, U.S. Department of Justice; Solicitor General (2008-2011) and Deputy Solicitor (2007-2008), Ohio Attorney General’s Office; and Associate Legal Officer in the Chambers of President Theodor Meron, International Criminal Tribunal for the Former Yugoslavia, The Hague, Netherlands (2004–2005)
- Law Clerk to: Justice John Paul Stevens, Supreme Court of the United States (2003-2004) and Judge Judith W. Rogers, U.S. Court of Appeals, District of Columbia Circuit (2002-2003)