- University at Buffalo, School of Law, J.D., cum laude
- London School of Economics, M.Sc., European Studies
- State University of New York at Binghamton, B.A., with honors
- New York
- U.S. District Court, Western District of New York
- U.S. District Court, Northern District of New York
- U.S. Supreme Court
- Ontario (Canada)
Ben is a member of the New York State Bar Association, vice chair for the upstate chapters of its International Law Section, and a member of its 2010 Empire State Counsel program for pro bono service. He is also a member of the Defense Research Institute’s Toxic Tort and Environmental Law Committee and the Erie County Bar Association’s International Law Committee. He is also a member of the Ontario Bar Association and the Law Society of Upper Canada
BENJAMIN R. DWYER
Benjamin Dwyer utilizes his more than fifteen years of experience litigating a wide range of commercial and products liability disputes on behalf of manufacturers, life sciences companies, transportation companies, financial institutions and small businesses on a local, national and international basis. Licensed in New York and Ontario, Ben counsels clients on matters raising issues pertaining to U.S. and Canadian law.
What do you focus on?
General Commercial Litigation and Dispute Resolution
My substantive commercial litigation experience includes contractual matters, warranties, UCC sales, leases, insurance, business torts, trade secrets, employment discrimination, real estate, consumer protection, judgment enforcement, mass environmental tort liability and matters of foreign law. I have experience in all phases of litigation including litigation holds, e-discovery and document coding and review, preparing and producing corporate witnesses, taking expert depositions, preparing Daubert/Frye and summary judgment motions, preparing for trial and conducting jury trials to verdict. I also have extensive appellate and ADR experience.
Companies engaged in U.S.-Canadian cross-border trade may face novel and sometimes complex legal issues arising from differences in U.S. and Canadian law and procedure. I counsel companies on both sides of the border that seek to avoid or mitigate litigation costs. Clients include both U.S. and Canadian manufacturers facing cross-border litigation, Canadian financial institutions facing U.S. litigation arising from relationships entered into in Canada, and U.S. companies concerned about the effect of Canadian privacy law on their cross-border operations.
Products Liability and Health-effects Litigation
I have represented Fortune 500 manufacturers in a wide range of products liability suits involving chemicals, pharmaceuticals, automobiles, high-tech avionics and personal care products, as well as providing advice on consumer product regulation of novel product applications. Anticipating new forms of mass tort actions by plaintiffs’ attorneys, I have studied and written about the defense of tomorrow’s technologies and tort claims.
What do you see on the horizon?
Our clients are trading in increasingly transnational, regulated and competitive markets. Understanding the differences in U.S. and foreign laws, regulations and dispute resolution is essential to operating successfully in today’s economy.
- Represented a leading global chemical manufacturer in mass tort litigation targeting a high-profile, high-production-volume chemical.
- Represented a U.S. avionics manufacturer in mass tort litigation arising from an airplane crash in Brazil.
- Represented a U.S. company in mass tort action brought in the U.S. by Canadian plaintiffs, involving choice of law and comparative interpretation of N.Y. and Ontario statutes.
- Represented a Canadian company in trade secret dispute with U.S.-based company.
- Advised a U.S. company on Canadian privacy law and its implications to U.S. companies.
- Advised U.S. clients on obtaining discovery in Canada for U.S. litigation and advised clients on both sides of the border on cross-border judgment enforcement.
- Advised clients on regulation by the Consumer Product Safety Commission.
Ben received a master’s degree from the London School of Economics and a law degree from the University of Buffalo. Prior to law school, he served as a legislative assistant to a member of the U.S. House of Representatives Foreign Affairs and Judiciary committees.
- “International Cooperation in the Regulation of Nanotechnology” (with V. Quinn), Product Liability Law and Strategy, January 2013.
- “U.S. Companies and Canadian Privacy Law: Beware,” Law 360: Privacy & Consumer Protection, May 18, 2012 (with Jacob J. Herstek).
- “AT&T Mobility V. Concepcion: A Win For Class Waivers,” Law 360: Class Action, April 28, 2011 (with Christopher M. Mason).
- “The Convention on the Use of Electronic Communications in International Contracts: Seeking Clarity and Uniformity in International Electronic Commerce,” New York State Bar Association, New York International Chapter News, Summer 2011.
- “Agency in Business and Commercial Litigation in Federal Courts,” 3d ed., forthcoming (with Harry P. Trueheart).
- “Recent Developments in Class Actions,” Law Journal Newsletters: Product Liability Law & Strategy, January 2011 (with Tracey B. Ehlers).
- “Making Sense of the BPA Debate,” Law 360: Products Liability, June 23, 2010.
- “Endocrine Disruption Injury Claims,” in For the Defense, January 2010 (with Samuel Goldblatt).
- “United States Signs Treaty to Strengthen Enforcement of International Judgments: The Hague Convention on Choice of Court Agreements,” in Nickles & Epstein, Debtor-Creditor: Creditor Remedies and Debtor Rights Under State and Non-Bankruptcy Federal Law, West American Casebook Series (2009) (with Joseph J. Ortego).
- “Role of Corporate Executives,” in Product Liability Litigation: Current Law, Strategy and Best Practices, Practising Law Institute (2009) (with Samuel Goldblatt).
- “Putting Nanotechnology Under the Microscope,” Law 360: Products Liability, August 7, 2009 (with Joseph J. Leghorn).
- “Assessing Expert Opinion: A Primer for Young Lawyers,” The Whisper: DRI Young Lawyers Committee Newsletter, February 2008.
Ben authored or coauthored briefs on the following reported cases:
- Calderone v. Wiemeier, 77 A.D.2d 1232, 911 N.Y.S.2d 190 (N.Y. App. 2010).
- Rochester-Genesee Reg'l Transp. Auth v. Cummins, Inc., 2010 U.S. Dist. Lexis 75805 (W.D.N.Y. 2010).
- Island Park, LLC v. CSX Transportation, Inc., 559 F.3d 96 (2d Cir. 2009).
- In re Air Crash Near Peixoto de Azeveda, Brazil on September 29, 2006, 574 F. Supp. 2d 272 (E.D.N.Y. 2008).
- Cummins, Inc. v. Atlantic Mutual Insurance Co., 56 A.D.3d 288, 867 N.Y.S.2d 81 (N.Y.App. 2008).
- Taylor v. Airco, Inc., 503 F. Supp. 2d 432 (D. Mass. 2007).
- Kordasiewicz v. BCC Products, Inc., 26 A.D.3d 853, 809 N.Y.S.2d 748 (N.Y. App. 2006).
- Toepp v. Myers Community Hospital, 280 A.D.2d 921, 721 N.Y.S.2d 177 (N.Y. App. 2001), app. den., 724 N.Y.S.2d 144 (N.Y. App. 2001).
- Nucci v. Proper, M.D., 270 A.D.2d 816, 705 N.Y.S.2d 144 (N.Y. App. 2000), aff'd, 95 N.Y.2d 597, 744 N.E.2d 128, 721 N.Y.S.2d 593 (N.Y. 2001).
- Ellsworth v. Chan, M.D., 270 A.D.2d 811, 705 N.Y.S.2d 751 (N.Y. App. 2000), app. den., 95 N.Y.2d 757, 734 N.E.2d 1212 (N.Y. 2000).
- Bush v. Rodenhouse, M.D., 265 A.D.2d 946, 697 N.Y.S.2d 455 (N.Y. App. 1999).
- International Cooperation in the Regulation of Nanotechnology
Product Liability Law & Strategy | January 1, 2013
Deputy Litigation department leader and deputy leader of the Products: Class Action, Trade and Industry Representation group Viv Quinn and Buffalo Products: Class Action, Trade and Industry Representation counsel Ben Dwyer co-authored this column providing an overview of the approach taken by major countries in the field of nanotechnology.
- If You Have Clients in Canada, Its Privacy Law Applies to You
Rochester Business Journal | July 20, 2012
This “Law” column discusses how local organizations need to keep in mind Canada’s privacy law. Rochester Global Business & Transactions partner Jeff LaBarge and Buffalo Products counsel Ben Dwyer and Jacob Herstek authored the piece.
- U.S. Companies and Canadian Privacy Law: Beware
Privacy and Public Policy Law 360 | May 18, 2012
Buffalo Products counsel Ben Dwyer and Jacob Herstek coauthored this “Expert Analysis” column discussing Canada’s privacy laws, which are more far-reaching than their U.S. counterparts and may apply to non-Canadian entities.