Andrew Botti practices in:
	Business Litigation
	Employment Practices
	Insurance & Tort Litigation
	Government Relations
	Printable Bio
Andrew's article "Reach of Retaliation Claims Expanded" was published in New England In-House.

Andrew P. Botti

Partner

617-406-4527 Direct Telephone
617-406-4501 Facsimile

Experience

Andrew P. Botti advises business owners, corporate executives and in-house counsel on a wide variety of complex business and commercial litigation matters. He focuses his practice on business torts, trade secrets, employment litigation, minority shareholder litigation, trademark/trade dress infringement cases and products liability.

Andrew has tried a wide variety of cases in District, Superior and Federal Court, and has appeared before numerous administrative and legislative agencies, including the Massachusetts Commission Against Discrimination, the State Division of Employment Security, and the City Council for the City of Lawrence. He is expert in matters pertaining to injunctive relief and non-competes.

Andrew has also argued before the Massachusetts Appeals Court and the Single Justice thereof on numerous occasions.

Admitted to Practice

• Massachusetts
• U.S. Court of Appeals for the First Circuit
• U.S. District Court for the District of Massachusetts

Business and Professional Associations

• International Association of Defense Counsel
• SBANE - Board of Directors (2008-2009)
• SBANE - Co-Chair/Human Resources Committee (2007-present)
• Family Firm Institute
• The Federalist Society
• Andover Republican Town Committee (2001-present)
• Merrimac Valley Chamber of Commerce
• Martindale-Hubbell AV-Rated

Education

• Northeastern University (J.D., 1991)
• Columbia University (B.A., 1983)

Representative Cases/Matters

Biffer v. Capital One Services, Inc., 2006 U.S. Dist. Lexis 8074 (D. Conn.) (identity theft); In re Gitto/Global Corp., 321 B.R. 367 (Bankr. D. Mass. 2005) (sealing of examiner's report); Kuhn v. Capital One Financial Corporation, Inc., 2004 Mass. Super. Lexis 514 (consumer class action); Christopher C. Clark v. The Stipe Law Firm LLP, 320 F. Supp. 2d 1207 (W.D.Okla. 2004)(Civil RICO); Corporate Teledata, Inc. v. Thomas J. Sullivan, et. al., 15 Mass. L. Rptr. No. 32, 765 (2003) (denial of relief pursuant to Mass. R. Civ. P. 60(b)); Corporate Teledata, Inc. v. Thomas J. Sullivan, et. al., 15 Mass. L. Rptr. No. 20, 457 (2003) (dismissal as discovery sanction); In re: Malden Mills Industries, Inc., et. al. v. E.I. Du Pont de Nemours & Co., et. al., 277 B.R. 449 (Bankr. D. Mass. 2002) (catastrophic property damage litigation); Big Top USA, Inc. v. The Wittern Group, et. al., 998 F. Supp. 30 (D. Mass. 1998); Big Top USA, Inc. v. The Wittern Group, et. al., 183 FRD 331 (D. Mass. 1998) (discovery sanctions); Price v. BIC Corporation, 142 NH 386 (1997) (products liability); New Balance Athletic Shoe, Inc. v. Boston Edison Company, 29 UCC Rep. Serv. 2d 397 (1996) (property damage); Vasapolli, et. al. v. Rostoff, et al., 39 F. 3d 27 (1st Cir. 1994) (FDIC litigation) United States of America v. Instruments, S.A. Inc., 807 F. Supp. 811 (D.C. Cir. 1992) (constitutional challenge to federal procurement act).

The New Balance case was one of first impression in Massachusetts. The Superior Court ruled that electricity was not a "good" as the term is defined in Article 2 of Massachusetts' version of the Uniform Commercial Code.

Serving as Chairman of the Official Unsecured Creditors Committee appointed by the United States Trustee relative to In Re Modern Continental Construction Co., Inc, a $900,000,000 Chapter 11 Bankruptcy proceeding currently pending in the Eastern District of Massachusetts.

Successfully defended a major credit card bank against claims of identity theft and invasion of privacy. This case was featured in the December 20, 2004, issue of Massachusetts Lawyer's Weekly in an article entitled, "Identity Theft Claim vs. Credit Card Co. Denied: Private Information Was Stolen From Website."

Defended Federal Court injunction sought by major bus companies against minority-owned discount carrier. The case was featured in an article appearing on the front page of The Wall Street Journal on January 28, 2005, entitled "On the East Coast, Chinese Buses Give Greyhound a Run."

Coordinated the defense of a major breach of warranty claim for $500,000,000 against a manufacturer of sophisticated fire detection devices in an action arising from the 1995 fire at the Malden Mills facility in Lawrence, MA. Incident was the fourth largest industrial fire in U.S. history.

Obtained temporary restraining order in federal court prohibiting officers and directors of investment fund who failed to honor terms and conditions of offering memorandum from moving over $24,000,000 in investors' money off-shore pending hearing on request for preliminary injunctive relief.

Represented major credit card and banking institutions in defending class action suits brought under the Fair Credit Reporting Act, Truth in Lending Act, and the Fair Debt Collection Practices Act, as well as breach of contract and privacy claims.

Obtained injunctive relief in several breach of duty of loyalty cases against corporate officers who left employment to start competing ventures utilizing confidential and proprietary business information and trade secrets of former employers.

Represented minority shareholders of close corporations in freeze-out actions against majority shareholders based upon excessive compensation and aggressive accounting schemes.

Recent Articles, Publications, and Comments

"Who owns customer goodwill, after all?"
New England In-House, May 2007

"SJC rejects court-imposed 'buy-out' of minority shareholder."
New England In-House and Massachusetts Lawyers Weekly "Opinion" column, January 2007