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.
- 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
- 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
- Pantazis v. Tsourides, 26 Mass. L. Rptr. 283, WL 4894320, (Mass.Super., October 27, 2009) - Obtained substantial award of attorneys fees for successfully trying breach of fiduciary duty claims against self-dealing trustees on behalf of trust beneficiary (see original decision below).
- Pantazis v. Tsourides, WL 2603147, (Mass.Super., July 08, 2009) - Represented a trust beneficiary in obtaining an $11.8 million judgment against a trustee in precedent-setting case holding a trustee accountable for encumbering trust assets to finance the trustee's family business.
- 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.
Distinctions: Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004, 2005, 2007, 2010, 2011, 2012.
- 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
- Member: Boston Bar Association; Massachusetts Bar Association; New York Bar
- Active Board Member of Friends of Boston Homeless, an organization
devoted to helping Boston's homeless population.
Publications and Speaking Engagements