Benjamin R. Dwyer - Commercial Litigation - Nixon Peabody LLP

Benjamin R. Dwyer

Benjamin Dwyer has over fifteen years of experience counseling clients on a wide range of commercial issues and 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 also counsels clients on matters raising issues pertaining to U.S.-Canadian cross-border transactions and dispute resolution.

What do you focus on?

General Commercial Litigation and Risk Mitigation

I handle a wide variety of commercial disputes including contracts, sales of goods, professional services, employment contracts including restrictive covenants and trade secrets, intellectual property and licensing, insurance, business torts, employment law, real estate, consumer protection, mass tort liability and matters of foreign law. I counsel clients on risk mitigation through contract drafting and negotiation. I have experience in all phases of litigation including trial to verdict, as well as alternate dispute resolution. I also counsel clients in risk mitigation and regulatory compliance. I am a member of the firm’s Trade Secrets and Restrictive Covenants team and its Antitrust, Regulatory and Unfair Trade Practices team.

Cross-border Counseling

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 and toxic tort suits involving chemicals, automobiles, pharmaceuticals, 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.


  • Counseling clients on risk avoidance and mitigation through contract drafting and negotiation and in the context of a wide range of situations including sales of goods and services, employment agreements, social media marketing, cloud computing arrangements, M&A due diligence and cross-border business relationships
  • Counseling clients on regulatory compliance including food and beverage labeling, consumer products reporting and compliance, financial services, licensing and transportation
  • Counseling clients on a wide range of U.S.-Canadian cross-border disputes and business relationships
  • Representing leading manufacturers of consumer products, chemicals and high-tech products in mass tort cases

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.


  • Awarded the New York State Bar Association’s President’s Award for pro bono service in the Eighth Judicial District
  • Awarded the Volunteer Lawyers Project Champions for Justice Award for representation of refugees and asylum seekers


  • “‘Healthy’ Food Labeling,” Law Journal Newsletters (with V. Quinn) November 2017.
  • “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,” 4th ed., (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.

Reported Cases

Ben authored or coauthored briefs on the following reported cases:

  • Vital Crane Services, Inc. v. Micucci, 2014 N.Y. Slip. Op. 4603 (N.Y. App. June 20, 2014).
  • 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).

Attorneys watch cross-border issues

Buffalo Business First | June 10, 2019

In this article, Buffalo Complex Commercial Disputes counsel Ben Dwyer discusses how Canada’s approach to data privacy differs from the United States’, and how that impacts cross-border sharing of consumers’ personal information.


Benjamin R. Dwyer



Phone: 716-853-8122

Fax: 866-535-3495

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 its 2014 Empire State Counsel program for pro bono service. He is a member of the Erie County Bar Association’s International Law Committee, Ontario Bar Association and the Law Society of Upper Canada.

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