Benjamin J. Wish, a partner at the firm, is a veteran trial attorney concentrating his practice on complex commercial litigation, shareholder and real estate disputes, and white-collar criminal defense. He regularly appears in federal and state trial and appellate courts on a wide range of matters. Mr. Wish also represents clients on a pro bono basis in the defense of their First Amendment rights.
Mr. Wish prides himself on tailoring aggressive, creative approaches to seek expeditious resolutions for his clients. He enjoys tackling challenging matters and especially the opportunity to help individuals and entities in their times of need. Mr. Wish takes the time necessary to listen and understand his clients’ priorities from the outset to ensure that the approach is crafted to achieve those goals as efficiently as possible.
His clients include international and national businesses, Massachusetts-based enterprises such as technology firms, real estate developers, and networks of automobile dealerships, and individuals.
Mr. Wish’s representative accomplishments include:
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.
Successfully defending 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.
Obtaining 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.
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
Obtained a stay order in federal court stopping a lender from liquidating collateral assets to satisfy a $4 million commercial loan to the firm’s client, a medical diagnostics company.
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 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 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.
