ANDREW C. GATELY, ESQ.

316 Franklin Street, Newton MA 02458 Tel: 617-308-7785 Email: agately@gately-law.com
Andrew C. Gately, Esq. has over 30 years of experience in civil and criminal litigation, with emphasis on business and construction matters. Mr. Gately’s practice has focused primarily on complex, document intensive cases. He has successfully represented clients in front of juries, judges, mediators and arbitrators.

Education:

Boston College Law School, Juris Doctor - 1991 University of Missouri, Bachelor of Science Business Administration - 1988

AREAS OF PRACTICE:

  • Litigation
  • Business Disputes
  • Construction Law
  • Criminal Law
  • Personal Injury
  • Employment Matters

sample matters:

  • Representation of business owners and individuals in contract and tort litigation, including shareholder and partner disputes;
  • Representation of contractors, subcontractors, owners and design professionals;
  • Defense of criminal defendants, including white collar, felony and auto matters;
  • Employee and employer representation: non-compete agreements, wrongful discrimination and/or termination, protection of trade secrets;
  • Successful representation of both plaintiffs and defendants in personal injury actions (registered nurse on staff).

Examples of Cases:

Business / 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;
  • Successfully litigated and mediated several derivative shareholder lawsuits - including TRO's and preliminary injunctions -- involving "freeze out" claims in disputes between owners of closely-held corporations;
  • Successfully litigated numerous business insurance coverage disputes;
  • Obtained summary judgment on behalf of commercial lender for borrower's default under promissory note and mortgage and successfully defeated claims of lender liability;
  • Obtained injunction against commercial client's neighbor requiring removal of fence due to trespass and blocking client's prescriptive easement;
  • Successfully litigated claim by seafood importer against customs broker for failing to properly follow customs regulations;
  • 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;
  • 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;
  • Successful representation of Massachusetts owner of multi-use commercial building against contractor for various construction defects;
  • Defended multi-million dollar claim against retaining wall contractor in Texas, reaching favorable settlement for contractor;
  • Successful representation of contractor clients in numerous bid protests;
  • Numerous successful representations of contractors and owners with respect to mechanic's lien claims;
  • Successful representation of design professional in recovering fees owed on residential remodeling project;
  • 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;
  • Successfully brought suit against client's former employee who took trade secrets and customer list from employer, 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 auto accidents, slip and falls and nursing home injuries.
Criminal Law:
  • Successful representation of targets of investigation and defendants charged with criminal activity in numerous cases including assault and battery, kidnapping, sexual assault, theft, shoplifting, tax evasion, cyber crimes, child pornography, criminal negligence and DUI.