Benjamin J. Wish

Benjamin J. Wish, a partner at the firm, concentrates his practice on complex commercial litigation, shareholder and real estate disputes, and white collar criminal defense, handling a wide range of matters in state and federal trial and appellate courts.  Mr. Wish also represents clients on a pro bono basis in the defense of their First Amendment rights.

He was chosen a 2021 Lawyer of the Year by Massachusetts Lawyers Weekly for his work in securing a $30 million settlement on behalf of a Massachusetts-based auto executive resolving a lawsuit against various defendants for breach of contract and other claims.

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

Complex Commercial Litigation

• In what is believed to be the largest 2021 settlement in Massachusetts, obtained a $30 million settlement on behalf of an auto dealership executive resolving his lawsuit against various defendants for breach of contract and fatally harming the network of auto dealerships

• 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 1^st 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.

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.

Civil Rights

• As cooperating counsel for the ACLU, persuaded a Massachusetts Superior Court judge to strike as violative of constitutional free speech rights the challenged portions of a school committee's policy on the public's participation in its 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 1^st 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.