Gary S. Matsko


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, including the Securities and Exchange Commission. 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

  • 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.
  • Represented a trust beneficiary in obtaining an $11.8 million judgment against a trustee in a precedent-setting case holding a trustee accountable for encumbering trust assets to finance the trustee's family business.
  • 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


  • Distinctions: Peer Review AV® Preeminentâ„¢ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyers, 2004-2005, 2007, 2010-2013.
  • 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