They’ve Got Next: The 40 Under 40 - Benjamin Graham of Williams & Connolly

Benjamin Graham

Age: 36

Law Firm: Williams & Connolly

Practice Area: International Arbitration

Title: Partner

Location: Washington DC

Law School: Yale Law School

Please describe two of your most substantial, recent wins in practice.

I am particularly proud of two victories we secured for the Republic of Serbia in investor-state arbitrations that concluded in 2023. They represent distinct strategies and the importance of tailoring those strategies to the case.

In the first, the claimants sought €300 million related to a commercial development project. The case was sprawling, with decades-long disputes over land rights, the privatization process, and several domestic lawsuits.

But there was a nagging problem: The “investors” didn’t really make an investment; they bought the claimant company out of bankruptcy.

I focused on that issue, and we developed a clean, compelling argument that the claimants engaged in abuse of process by restructuring the investment to create arbitral jurisdiction. We persuaded the Tribunal at the International Centre for the Settlement of Investment Disputes to bifurcate, presented that one argument, and won.

The second case required the opposite approach.The claimants alleged that Serbia expropriated their investment in a unique, underwater coal mine. We flew to Belgrade, and I spent days interviewing everyone from government officials to coal miners.

Developing an understanding of the facts and the legal and cultural background in which they occur is essential. We distilled the story, educated the Tribunal, and won the case on the facts.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

You need to take ownership of your cases, even as a young lawyer. My first year as an attorney was spent at Williams & Connolly, which has always followed a lean staffing model. That meant I was often the only associate on my cases.

I couldn’t wait passively for senior colleagues to dole out assignments or develop the defense. Although it was intimidating at times, I felt the responsibility of representing our client. That meant knowing the facts, finding the arguments, and pushing the case forward.

That perspective shaped my next decade of practicing law. Taking ownership helped me develop a diverse skill set and find more opportunities earlier in my career.

As a more senior member of teams, I encourage young attorneys to do the same. Dig into the record. Suggest a new argument to develop. Look proactively at the next stage of the litigation and consider how we chart a path to victory. Our teams—and our outcomes for our clients—are better when young attorneys are given responsibility and run with it.

How do you define success in your practice?

It’s tempting to say success is winning. And those are certainly happy moments. But that’s only a small component of success in practicing law.

We are successful when we help our clients to their desired result. Maybe that’s winning; maybe it’s resolving a dispute quickly to continue the business relationship; maybe it’s defending a legal principle. Although cases come to feel like our own, we’re ultimately providing a service to our clients.

We are successful as lawyers at a firm when our colleagues develop and improve. I’m most proud when an associate aces their first cross-examination or argument.

We are successful as a profession when we uphold the rule of law and zealously defend the ability of all individuals to have their rights heard and protected. That remains true whether you win or lose any particular case.

What are you most proud of as a lawyer?

I’m most proud of the work I’ve done teaching. When I joined the firm, I taught students at Dunbar High School as part of the Georgetown Street Law program. We used a mock trial program and had the students do everything from opening statements through examinations.

Some of them might go on to law school, but the most rewarding part was seeing students find their voice. Being a lawyer means being an advocate, standing on your feet and taking a position. Many of these students never felt comfortable even being an advocate for themselves and seeing them find confidence in their ideas and ability to voice them is powerful.

I also teach a seminar on advocacy and international arbitration at Yale Law School. It’s a world away from teaching at a public high school program but equally rewarding.

My practice in international arbitration has afforded me the opportunity to argue cases in Hong Kong, Stockholm, Paris—places I never thought I’d practice law when I was a student. I hope that teaching will open some of those same doors for my students.

Who is your greatest mentor in the law and what have they taught you?

I have been fortunate to have many great mentors in the law. Lawyers who donated their time to coach high school students in mock trial, professors who focused on students over their own writing, and partners who taught me the practice of law. If pressed to choose, two come to mind:

One is Jonathan Landy, who heads our international disputes practice. I have tried cases with him around the world. At the top of the signature block, Jon could easily delegate work and take the easy path, but he never does. Jon taught me the value and ethos of hard work. He will be the first one into the war room at a hearing and the last to leave. He doesn’t hesitate to take the pen on a first draft. Hard work matters for any lawyer in their individual work, but it matters more for the person leading the team. You need to lead by example.

Another is Dane Butswinkas, who was the chairman of Williams & Connolly when I joined. Dane has imparted many lessons, but one sticks out.

Dane never forgets that we are in the practice of law, not just the business of law. Our adversaries are also our colleagues—and while we will fight zealously to defend our clients and their case, we will do so in a way that respects the profession. Similarly, the practice of law requires lawyers to take hard cases for unpopular clients. Everyone deserves a defense.

Tell us your two favorite songs on your summer music playlist.

“Paris Madness” by Samaran. Great for a morning run. [And] “Sinnerman” remix of Nina Simone by Sofi Tukker. Who doesn’t love a remix of a classic?

Benjamin Graham of Williams & Connolly walking with friends on Tempelhofer Feld at a wedding in Berlin.

Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photo courtesy of Benjamin Graham