Benjamin C.Mizer (Ben)


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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.


  • Charlottesville City Councilors obtain pro bono summary judgment win granting statutory immunity in Charlottesville monument caseJones Day achieved victory on behalf of four Charlottesville City Councilors who voted to relocate the Robert E. Lee and Thomas J. Jackson statues at the center of the violent rally in Charlottesville in August 2017.
  • Additional Publications

    • 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
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