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.
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.
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.
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.
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.
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.
Ben authored or coauthored briefs on the following reported cases:
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.
Buffalo Business First | May 18, 2017
Buffalo commercial litigation counsel Ben Dwyer is quoted in this article about how the Trump administration may impact international lawyers’ practices.
NP Privacy Partner | 05.23.19
Asbestos Law Alert | 03.01.17
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
U.S. District Court, Western District of New York
U.S. District Court, Northern District of New York
U.S. Supreme Court
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.