Andrew C. Gately

For over 30 years Andrew Gately has represented both individuals and businesses in civil and criminal litigation throughout the country. His areas of practice include business, construction, real estate, employment, antitrust, telecommunications, personal injury and criminal law. Mr. Gately has successfully represented clients in front of juries, judges, administrative panels, mediators and arbitrators. He has significant experience in complex, document intensive cases and state-of-the art multi-media presentations. Andrew received his juris doctor from Boston College Law School, and his bachelor’s degree in Business Administration from the University of Missouri. Andrew is admitted to practice in the state and federal courts of Massachusetts.

Examples of Cases:

Commercial:

• Co-counsel in $100 million dollar suit by telecommunications sales agent against major U.S. carrier in U.S. District Court of Massachusetts (including appeal to First Circuit);
• Co-trial counsel in four-week, $250 million telecommunications arbitration in Missouri;
• Co-counsel on $30 million antitrust case in Massachusetts federal court;
• Represented nationwide jeweler in lawsuit against software company for faulty inventory control software, resulting in successful settlement in mediation;
• Class action co-counsel for long-distance customers defrauded by major U.S. carrier;
• Successful representation of numerous clients in shareholder disputes in closely-held businesses, including freezeout claims and disputes over control and compensation;
• Successfully litigated numerous business insurance coverage disputes;
• Obtained six figure recovery for Massachusetts physician group seeking fees from foreign country that refused to honor letters of guarantee of payment for medical services.

Construction:

• Lead attorney responsible for preparation of plaintiff’s case for three-week jury trial in San Francisco resulting in $125 million verdict for contractor client against surety (7th largest verdict in U.S. in 1993);
• Trial counsel for six-week trial in North Carolina bankruptcy court involving claim by contractor against surety;
• Successfully litigated and settled large construction claim involving structural steel erection on South Station expansion project in Boston;
• Successfully litigated and settled numerous Massachusetts cases involving failed block retaining walls;
• Lead attorney in 23 party construction litigation in Kansas state court involving numerous alleged building defects, obtained favorable settlement for general contractor client;
• Lead counsel for all discovery and co-trial counsel for two week jury trial resulting in $1 million judgment for Massachusetts contractor;
• Represented contractor in suit alleging numerous building defects in Georgia hotel;
• Defended multi-million dollar claim against retaining wall contractor in Texas, reaching favorable settlement for contractor;
• Successfully litigated and settled multi-million dollar claim of Massachusetts commercial building owner against contractor for numerous defects in newly constructed building;
• Successful representation of contractor clients in numerous bid protests;
• Represented numerous homeowners, contractors, subcontractors, architects and engineers in connection with home construction and/or remodeling projects.

Employment:

• Obtained six figure settlement for former employee wrongfully discharged for exercising worker’s compensation rights;
• Successfull-y brought suit against client’s former employee who took trade secrets and customer list from client; obtained confidential documents back as well as favorable financial settlement;
• Successfully represented corporate officers in dispute over control of non- profit corporation, including obtaining injunction on behalf of corporate client prohibiting former employee from acting as authorized representative of client.

Personal Injury:

• Successful representation of both plaintiffs and defendants in numerous personal injury actions including nursing home residents, injured jobsite workers, victims of automobile negligence and slip and fall incidents.

Real Estate:

• Successful representation of numerous landlords and tenants in tenancy disputes;
• Obtained full refund of purchase price for new house after buyer discovered serious construction defects after sale;
• Successfully litigated various disputes over purchase and sale agreements, deposits and warranty claims;
• Obtained injunctive relief establishing prescriptive easement rights for commercial landowner;
• Successful representation of commercial building owner in front of Massachusetts architectural access review board;
• Successful representation of shopping mall licensee in dispute over right to terminate license.

Criminal Law:

• Successful representation of numerous targets of investigation and defendants charged with felonies and misdemeanors, including assault and battery, larceny, sexual assault, criminal use of internet, white collar crimes, shoplifting and OUI.