They’ve Got Next: The 40 Under 40 - Benjamin Wilson of Holland & Knight

Please describe two of your most substantial, recent wins in practice.
I represent SEI Global Services Inc. in a high-stakes litigation with its competitor involving licensing rights to software that is integral to SEI’s core business. In 2021, I obtained an injunction barring the competitor from terminating SEI’s software access, which would have destroyed its business, and subsequently prevailed on appeal. Recently, I secured summary judgment on SEI’s breach of contract claims against its competitor.

Since 2016, I have co-led the joint defense of an international construction contractor against a Colombian refinery owner in a $4 billion International Chamber of Commerce proceeding. The unique arbitration involves complex legal and factual issues and approximately 20 expert and 50 fact witnesses. In 2021, I was key counsel on a six-week virtual merits hearing, which was preceded by numerous, significant “wins” on procedural, evidentiary, and disclosure issues.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?
The first-year attorney experience can be overwhelming and daunting. Case demands and deadlines often present circumstances beyond your control I quickly learned, however, that there are circumstances you can control that lead to success—be responsive, work hard, pay attention to detail, and remain eager to help. While developing well-reasoned and error-free work product is always a lawyer’s ultimate goal, the most important lesson I learned was to be responsive, “show up” for partners and clients, and then work hard—in fact, work harder than those around me.

Building legal skills takes years, and growing pains in the early years are inevitable. But there is no substitute for sheer grit and perseverance in those early years. To that end, I always remind new lawyers to say “yes” to as many opportunities as possible and then try their best to meet the objectives. In my case, once I had established a reputation as an associate who would always try his best, even under challenging circumstances, the doors to additional opportunities and greater substantive case oversight swung open. Now as a partner, these important traits remain an integral part of my practice and delivering high-quality client service.

How do you define success in your practice?
One of the best indicators of “success” is client retention. Specifically, I evaluate “success” in relation to whether we achieved the client’s objectives and goals; we performed at the appropriate value proposition; and the client is likely to retain us again. Clients understand they can seek out legal services from a variety of sources, and having a client consistently come to me for legal assistance is one of the most rewarding aspects to practicing law for me. I also believe that being retained multiple times by a client demonstrates that those I interface with for the client trusts and enjoys working with me.

What are you most proud of as a lawyer?
I am proud to work in a profession that expects its practitioners to make time for pro bono work, helping individuals and organizations in need. I feel lucky to have spent my entire career at a firm that likewise expects its attorneys to dedicate significant time to pro bono work. Several years ago, I had the opportunity to join an appellate team in a notable capital habeas case. I researched and briefed key issues concerning the prejudicial effects of expert testimony claiming that petitioner’s race increased his propensity for violence.

My research and briefing efforts contributed to the Supreme Court’s decision to ultimately grant the petitioner’s habeas petition [in] Buck v. Davis—an outcome, in turn, that caused the petitioner’s capital sentence to be converted into a life sentence. I am proud to contribute to a case that challenged critical issues involving race and had such a profound impact on an individual’s life.

Who is your greatest mentor in the law and what have they taught you?
As a young lawyer, Bob Burns (a partner in H&K’s New York office) provided invaluable insight as to how to improve my writing to be as persuasive and brief as possible. He also emphasized the importance of receiving and incorporating feedback from others, including from judges during, for example, oral argument. Bob encouraged me to actively seek out feedback from those senior to me and scrutinize revisions made to my work product so that my work product could improve in real time. Further, Bob truly believed that mentoring is critical in the practice of law. He actively created professional opportunities for my advancement and always made time during his busy schedule to provide feedback and ensure that I was set up for future success. Bob also instilled in me a deep appreciation for maintaining professionalism in all circumstances, particularly in contentious litigation.

Just for fun, tell us your two favorite songs on your summer music playlist.
Jerry Lee Lewis’s “Great Balls of Fire” – “Top Gun” was a favorite movie of mine as a kid, and this summer’s sequel revived this hit for my playlist.

REO Speedwagon’s “Take It on the Run” – A classic suited for long-distance runs and longer-distance vacation car rides.

CoComelon’s “Five Little Speckled Frogs” and “I Love the Mountains,” as my 3-year-old son, Harley, and 1-year-old daughter, Sloane, insist on these (and other melodies) on a daily basis.

Benjamin Wilson has achieved wins for claimants and respondents in International Chamber of Commerce arbitrations. He leads his firm’s participation in the Southern District of New York’s pro bono program in representing pro se clients, many of whom are current or former incarcerated individuals. He also serves as a board trustee of Inwood Academy for Leadership, a New York City charter school.