Each month, the Massachusetts Bar Association’s Diversity, Equity and Inclusion Committee (DEIC) will be highlighting diverse attorneys from within our community on the DEIC web page to recognize their achievements and contributions. In honor of Native American Heritage Month (November), the DEIC is proud to highlight Benjamin J. Wish, a partner at the Boston firm of Todd & Weld LLP, who is co-leader of his firm’s Indian and Tribal Law practice.
Todd & Weld LLP partner Benjamin J. Wish is a veteran trial attorney who concentrates 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. Wish also represents clients on a pro bono basis in the defense of their First Amendment rights.
As the co-leader (along with partner Howard Cooper) of Todd & Weld’s Indian and Tribal Law practice, Wish represents tribal interests in federal, state and tribal courts concerning a diverse range of issues, including tribal sovereignty, gaming interests and internal tribal governance matters.
Wish has represented the federally recognized Mashpee Wampanoag Indian Tribe, including in their federal efforts to obtain trust land to build a destination resort casino in Massachusetts. He was among the first lawyers to be sworn into the Tribal Bar to handle matters heard in the Mashpee Wampanoag Tribal Court. Wish has advised the Tribal Council, officers and government committees on drafting and adopting laws, resolutions and legal documents, and in implementing tribal law and legal policy.
Outside of his tribal law practice, Wish’s clients include international and national businesses; Massachusetts-based enterprises such as technology firms, real estate developers and networks of automobile dealerships; and individuals.
In 2021, Massachusetts Lawyers Weekly named Wish one of its Lawyers of the Year for obtaining what is believed to be the largest 2021 settlement in Massachusetts: 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.
Named to Best Lawyers in America for Commercial Litigation, 2024-2025, Wish’s other notable and representative accomplishments have included:
- 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; and
- Persuading 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.
Wish earned his J.D. with honors from Boston College Law School and received his B.A. with honors from Bates College.