Practice Focus and Experience

Gary Matsko practices in the Business Law and Litigation areas representing individuals and business entities in civil litigation and before regulatory agencies. He has represented parties in actions throughout New England and in federal courts in several states, as well as in arbitration proceedings. Gary has litigated cases involving claims arising from business sales and acquisitions, securities claims, employment disputes, shareholder disputes, environmental matters and other business litigation. Prior to joining Davis Malm, Gary was an Enforcement Branch Chief for the New England Region of the Securities and Exchange Commission and also served as a legal assistant to an SEC Commissioner.

Representative Matters

• Represented former senior officer of major mutual fund complex in SEC investigation and enforcement litigation.
  
• Represented outside director of a public company in SEC enforcement litigation.
  
• Represented former public company employee in an SEC revenue recognition investigation.
  
• Represented LLC and majority members in suit with respect to diversion of business opportunity and fiduciary breaches.
  
• Represented the sellers of two major hospitals in prosecuting their suit against the buyer for breach of post-closing contract and third party contract obligations resulting in a $6,000,000 judgment for our clients.
  

Representative Reported Cases

• Lattuca v. Robsham, 442 Mass. 205 (2004) - Represented plaintiff Trustee in claim against an agent and lender to the trust who had used access as lender to facilitate diversion of trust assets to himself. Read more.
• DiCarlo v. Lattuca, 60 Mass. App. Ct. 344 (2004) - Procured reversal of judgment against client as executor of his mother's estate. Read more.
• John G. Danielson, Inc. v. Winchester-Conant Properties, Inc., 322 F. 3rd 26 (1st Cir. 2003) - Procured the reversal of judgment and remand for new trial in Federal Copyright case brought by architect against developer client. Read more.
• Striar v. American Medical International, Inc., 45 Mass. App. Ct. 87 (1998) - Obtained a breach of contract judgment for client who was one of several sellers of two hospitals sold to a national hospital chain. Read more.

Professional

• Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004, 2005, 2007.
• Admitted: Massachusetts; United States District Courts for the District of Massachusetts; Southern and Eastern Districts of New York; United States Courts of Appeal for the First and Second Circuits.
• Member: Boston Bar Association; Massachusetts Bar Association; New York Bar Association.

Community Involvement

• Active Board Member of Friends of Boston Homeless, an organization devoted to helping Boston's homeless population.
  

Publications and Speaking Engagements

• Joint Defense Agreements Helpful in Securities Cases, New England In-House, Gary S. Matsko and Joshua S. Grossman (coauthors).
• Use of Joint Defense Agreements In Securities Laws Enforcement Proceedings, Gary S. Matsko and Joshua S. Grossman (coauthors), Boston Bar Association Continuing Legal Education.
• Fraud Traps for the Unwary, The Corporate Board, Gary S. Matsko (author)

News

• Eleven Davis Malm Attorneys Named 2007 Massachusetts "Super Lawyers"
• Gary S. Matsko, Thomas S. Fitzpatrick and Judith Ashton Successfully Preserve After Trial Judgment in Massachusetts Appeals Court and Win Award of Appellate Fees and Costs
• Paul L. Feldman and Gary S. Matsko Successfully Appeal Copyright Verdict to Federal Court of Appeals, Providing for Apportionment of Damages in Architectural Copyright Infringement Cases

• View Gary's Full Bio