Benjamin R. Wilson

Benjamin Wilson is a nationally recognized litigation and international arbitration attorney who has been honored by Bloomberg as one of the top 40 lawyers under 40 years old. He is admitted in Pennsylvania, New York and New Jersey, and has an active practice in all three states.

Clients across various industries – including real estate, renewable energy, oil and gas, healthcare, infrastructure, technology development, commercial foodservice, hospitality, pharmaceutical and aviation, among others – regularly call upon Mr. Wilson to handle high-stakes and business-critical disputes. His practice is international in scope and commercial in focus, encompassing contract disputes, business torts, defamation, rights to indemnity and defense, secured transactions, trade secret protection and fiduciary duties. He also defends employers in high-value actions involving claims of discrimination, retaliation and harassment.

In addition to his work in the United States, Mr. Wilson has prosecuted and defended claims for U.S.-based and foreign companies before international arbitral panels sitting in Zurich, London and New York City. He also represents clients in domestic arbitrations before the American Arbitration Association (AAA) and JAMS, and has lectured on a wide range of international arbitration and cross-border dispute topics.

A commitment to charitable service and pro bono work is a significant aspect of Mr. Wilson's practice. He serves as a board trustee of the Public Interest Law Center in Philadelphia and Inwood Academy for Leadership, a charter school in New York City. He also leads the firm's participation in the pro bono program for the U.S. District Court for the Southern District of New York. Among other achievements, Mr. Wilson was a notable contributor to the capital habeas petition contesting use of race as a factor in a court's determination of future dangerousness (Buck v. Davis, 137 S. Ct. 759 (2017)).

Representative Matters

International Arbitration

• Defense of an international contractor against breach of contract and fraud claims by a Colombian-owned refinery owner in an International Chamber of Commerce (ICC) dispute involving more than US$4 billion at issue; core trial counsel for six-week merits hearing, including delivering parts of the opening statement and conducting direct and cross examination of witnesses
• Multimillion-dollar ICC arbitration award for U.S. pharmaceutical distributor of ciclesonide nasal spray in its claims against a foreign manufacturer for supplying defective product in breach of exclusive distribution agreement and Current Good Manufacturing Practices
• Represented a publicly traded Norwegian technology company in claims against U.S.-based licensor for breach of license agreement, obtaining preliminary injunctive relief in aid of arbitral proceeding

Commercial Litigation

Pharmaceuticals and Healthcare

• New York and New Jersey counsel in the national defense of a specialty pharmaceutical manufacturer against mass claims alleging fraudulent promotion of opioids
• Represent national healthcare company providing COVID-19 testing and immunization for private businesses and public agencies in Philadelphia commercial action involving claims by infrastructure provider
• Defense of national drug retailer in New York federal action involving claims under the Telephone Consumer Protection Act
• Lead counsel in internal investigation of a medical center in connection with payroll tax deficiencies

Technology Development

• Breach of contract and business tort claims by a leading financial technology company against competitor, which culminated in a business-saving preliminary injunction and a summary judgment decision finding the competitor's breach of licensing agreements
• Secured appellate reversal and dismissal of breach of contract, fraud and alter ego claims against a technology development company and its principal for lack of personal jurisdiction

Real Estate

• Successfully defended a luxury condominium owner against claims by celebrity shareholder, in an action involving declarations of rights and breach of implied covenant of good faith and fair dealing arising under proprietary lease; served as lead counsel in a multiday trial resulting in recovery of a more than $500,000 fee award
• Defended a national real estate developer in a Pennsylvania state action involving breach of contract claims arising out of pandemic-attributed defaults in purchase and sale transaction involving industrial property
• Secured interpleader relief on behalf of a real estate investment entity and its manager related to proceeds received from investments in hotels located in London and Birmingham, and secured six-figure fee award
• Obtained dismissal of a New York action against a multinational investment bank challenging commercial mortgage validity and foreclosure actions

Oil and Gas and Alternative Energy

• Secured dismissal of a federal action against joint venture of a global energy company and renewable energy investor arising out multisite renewable energy project in New Jersey
• Defended an oil and gas distributor against class claims of consumer fraud and breach of warranty in connection with alleged distribution of adulterated petroleum product
• Defended the majority shareholders and officers and directors of a privately held oil and gas distributor against claims of shareholder oppression, waste and breach of fiduciary duty and seeking involuntary dissolution

Aviation

• Represented a national bank in the enforcement of rights under a consignment agreement involving disassembly and sale of airframes and related parts and a dispute over security interest priority
• Represented numerous market-leading commercial airline leasing and financing companies in connection with the enforcement of rights and remedies for defaults under aircraft leasing or sale agreements, including actions for replevin or repossession of aircraft, engines and spare parts and injunctive relief to preserve same
• Represented an American-Irish aviation leasing company in a federal action for monetary damages against an engine lessee for failure to effectuate repairs, remit warranty payments and provide spare parts for rudder
• Secured a multimillion-dollar federal judgment for a global aircraft supplier in an action against an owner-guarantor for defaults by foreign national airline, and pursued cross-border enforcement actions for payment thereof
• Defended a French-owned private aircraft manufacturer in a New Jersey federal action involving breach of agency agreement claims asserted by a foreign sales representative
• Defended a national airline carrier in a New Jersey federal defamatory and tort action initiated by celebrity passengers

Banking and Secured Lending

• Represent former directors, chairman and chief executive officer in a Philadelphia state action asserting claims for corporate defamation, breach of contract, and fraud against publicly traded bank and board members
• Obtained declaratory relief on behalf of secured lenders in a matter involving enforcement of Article 9 foreclosure rights against pledged collateral at public sale
• Represented a commercial bank in recovering funds from obligor under financing agreement in New York county action

Employment Discrimination

• Secured the dismissal of a New Jersey state action alleging sexual harassment and retaliation claims against a public company and its executives in a key decision enforcing an electronic arbitration agreement in an employment context under recent New Jersey "waiver of rights" precedent
• Defense of a New Jersey healthcare provider and hospital against disability discrimination claims asserted by a senior director
• Led the successful defense and obtained dismissal of a New York federal action against a national security company involving sexual harassment claims