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:
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.
- 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 sale of business.
- 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.
- As cooperating counsel for the ACLU, persuaded a Massachusetts Superior Court judge to issue a preliminary injunction ordering a school committee to discontinue policies that violate the free speech rights of individuals during the "Public Speak" portion of school committee meetings.
- 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.