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James E. Gallagher

Practice Focus and Experience

Jim Gallagher practices in the Business Law, Employment, and Litigation areas. Jim is a trial lawyer with experience in a range of areas, including fiduciary, securities, commercial and class action, probate, and employment litigation in state and federal court. He also advises numerous residential and commercial condominium associations.

Prior to joining Davis Malm, Jim served as an officer and judge advocate in the United States Marine Corps. While stationed in Kaneohe Bay, Hawaii, he served as a prosecutor and defense counsel and Special Assistant U.S. Attorney for the U.S. Attorney’s Office for the District of Hawaii. As a judge advocate Jim engaged in motions practice, trial preparation and the prosecution and defense of numerous contested criminal courts-martial.

Representative Matters

Successfully prosecuted breach of contract, negligent supervision, failure to supervise, and vicarious liability claims against a broker and brokerage house before a Financial Industry Regulatory Authority (FINRA) arbitration panel.
Representation of trustees, executors, administrators, beneficiaries, and other individuals and entities in legacy disputes, will contests, action for breach of fiduciary duties, and accountings.
Successfully pursued claims for fraud, breach of contract, and unfair and deceptive trade practices and obtained substantial settlement against one of the world’s largest private aircraft manufacturers.
Successfully represented a distributor of plumbing and heating supply goods against a nationwide consumer class action.
Successfully represented a non-profit organization in recovering funds embezzled by its former chief financial officer.
Representation of owner concerning lapse of special permit for large, residential development.
Representation of a real estate developer in a dispute regarding an alleged restriction on title restraining client's right to develop the land.

Professional

Distinctions: Massachusetts Super Lawyers Rising Stars, 2011-2017.
Admitted: Massachusetts; New Hampshire; Pennsylvania; United States District Courts for the District of Massachusetts and the Eastern District of Pennsylvania.
Member: Boston Bar Association; Massachusetts Bar Association.

Community Involvement

Volunteer Lawyer at Veterans Legal Services.
Lieutenant Colonel in the United States Marine Corps Reserve; student at the Marine Corps Command and Staff College; former instructor at the Marine Corps Reserve Naval Justice School.
Adjunct Professor of Military Law at Suffolk University Law School.
Staff Member/Advisor for Spark The Wave (www.sparkthewave.org), an organization focused on promoting teen volunteerism.
Leadership Committee Member, American Heart Association.

Publications and Speaking Engagements

Towing Co. Can't 'Pick Off' Lead Class-Action Plaintiff, Massachusetts Lawyers Weekly, March 29, 2018, James E. Gallagher (quoted)
Preparing for Litigation Risks as a Small Business Owner, SmallBizDaily, 2017, James E. Gallagher (author)
Open for Business, Massachusetts Lawyers Journal, 2017, James E. Gallagher (author)
SophoMORE Connections Program, Colgate University, 2016, James E. Gallagher (panelist)
Davis Malm & D'Agostine, P.C. - Offering the Depth and Breadth of Knowledge to Handle All Your Association's Legal Needs, Condo Media, May 2013, J. Gavin Cockfield, Paul L. Feldman, Amy L. Fracassini, Robert J. Galvin, Samuel B. Moskowitz and Howard P. Speicher (quoted)