Benjamin J. Wish

Biography

Benjamin J. Wish concentrates his practice on complex commercial litigation, shareholder and real estate disputes, and white collar criminal defense.  Mr. Wish also represents clients on a pro bono basis in the defense of their First Amendment rights.

He has handled a wide range of matters in state and federal trial and appellate courts, including white collar criminal defense, business disputes, and commercial real estate cases.

Some of Mr. Wish's most recent and notable successes include:

Criminal Defense

  • Successfully defended a pain medicine physician at trial in federal court against criminal charges that he violated federal drug distribution laws, resulting in the jury acquitting the physician of all charges.
  • Resolved charges against physician accused of criminal drug distribution for the prescription of opioids to chronic pain patients without any prison sentence.
  • Secured complete dismissal of criminal charges of mail fraud, false ERISA statements, and other charges brought in federal court against small business owners amounting to $2 million in alleged but unproven harm.

Complex Commercial Litigation

  • On behalf of an auto dealership, successfully resolved a dispute with an auto manufacturer resulting in the manufacturer’s withdrawal of a franchise termination notice of the auto dealership.
  • Obtained a preliminary injunction on behalf of a business owner requiring a co-owner not to make any decisions regarding the business without his client's consent.
  • Obtained summary judgment for business owners establishing that, contrary to claims of plaintiffs, their new venture did not require further approval by a commission overseeing local zoning boards. 
  • Following a four-day bench trial, obtained a judgment requiring the sale of a Dunkin' Donuts franchise location to his clients
  • Won a jury trial in Massachusetts Superior Court on behalf of a real estate development company defending against a former employee's claim for millions of dollars of company profits.

Appellate Practice

  • Obtained a ruling from the 1st U.S. Circuit Court of Appeals reversing an order  finding the guarantor on a commercial real estate loan liable under an indemnity agreement.
  • Secured affirmation by the Massachusetts Appeals Court of trial court’s ruling ordering $1.4 million sale of business.

Civil Rights

  • As cooperating counsel for the ACLU, obtained on a pro bono basis a temporary restraining order allowing Occupy Boston protesters to remain encamped in Dewey Square in Boston under the 1st Amendment.
  • Won a judgment at trial before the U.S. District Court for the District of Massachusetts (including attorneys' fees and punitive damages) for a businessman whose confidential and largely false criminal record information was published and disseminated publicly, including expunged records that were decades old.
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  • Background
    • Todd & Weld LLP, 2011-present
    • Goodwin Procter LLP, 2008-2011
    • Lecturer in Law, Boston College, 2008
  • Professional Activities
    • Boston Bar Association
    • Massachusetts Bar Association
    • ACLU Amicus Committee
  • Publications / Lectures
    • "Caution And Care No Longer Enough"Banker & Tradesman, Aug. 17, 2015
    • "Chapter 93A Class Certification Requires Showing of Common Causation," Winter 2015 ComCom Quarterly, Massachusetts Bar Association
    • Speaker, Social Media Defamation Litigation BBA 2013
    • Panelist, "Policing the Occupy Protests: How Well Did Cities Respond?" Suffolk University Law School 2012
  • Awards / Achievements
    • Named by Super Lawyers to 2016 Massachusetts Rising Stars for Business Litigation
    • Named by Super Lawyers to 2015 Massachusetts Rising Stars
    • Named a "2014 Massachusetts Rising Star" in New England Super Lawyers in Boston Magazine, November, 2014
    • Named a "Massachusetts Rising Star" in Business Litigation in the 2013 edition of Super Lawyers Magazine in Boston Magazine
    • Certificate of Achievement, National Lawyers Guild
    • Executive Editor, Boston College School of Law Environmental Affairs Law Review
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