Andrew P. Botti
Director, Litigation Department
Woburn, MA 01801
- Admissions &
Andrew represents corporations, smaller businesses, and family owned and operated enterprises in complex business and employment-related disputes. He advises management and business owners/operators on shareholder disputes, employee discrimination and commercial litigation matters. He has tried numerous cases to verdict in both state and federal court, and has appeared before various administrative and legislative agencies such as the Massachusetts Commission Against Discrimination. Andrew has also testified before the Joint Committee on Labor and Workforce Development of the Massachusetts legislature regarding the efficacy of "An Act Relative to Non-competition Agreements," and has been actively involved in the debate over recent efforts to eliminate non-competes in their entirety.
In December 2014, Andrew was appointed by Governor-Elect Charlie Baker to the Baker-Polito Transition Team Subcommittee on Jobs and the Economy. In this capacity, Andrew helped prepare findings and recommendations for the new administration.
Andrew is currently a member of the Board of Directors of AIM, the Associated Industries of Massachusetts. Founded in 1915, AIM is the oldest and largest statewide association working to serve and foster the business interests of Massachusetts employers. He formerly served as Chairman of the Board of SBANE, the Smaller Business Association of New England, from 2009 - 2011. SBANE was founded in 1938 to promote and foster the interests of smaller businesses throughout the 6 state region.
Andrew received his J.D. from Northeastern University (1991) and B.A. from Columbia University (1983). Previously he was a Partner at Colucci Norman, LLP in Beverly, MA as well as a Partner, Donovan Hatem LLP in Boston, MA.
Areas of Focus
- Business Litigation
- Labor & Employment Law
- Non-Competition Law/Employee Duty of Loyalty
- Trade Dress/Copyright/Trademark Law
- Trade Secrets
- Labor & Employment
- Represents shareholders of close corporations in freeze-out actions based upon self-dealing and aggressive accounting schemes.
- Obtained injunctive relief in several non-competition cases against corporate officers who left employment to start competing ventures utilizing confidential and proprietary business information and trade secrets of former employers.
- Defends corporations against claims of race, gender and national origin discrimination, as well as disputes involving the Massachusetts Wage Act. Advises management and business owners on a myriad of employment related issues.
- 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.
- 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.
- Andrew served as Chairman of the 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.
Mr. Botti has the following published cases relating to his practice in the areas of business and employment litigation:
Cleary v. American Capital, Ltd., 2014 WL 793984 (D. Mass) (W.A.R.N. Act litigation)
Leder v. Superintendent of Schools of Concord, 465 Mass. 305 (2013) (amicus brief concerning private right of action under State ethics law governing conduct of municipal officials);
Callagy v. Town of Aquinnah, 880 F.Supp. 2d 244, (D. Mass. 2012) (Constitutional equal protection challenge regarding land use);
Cook, et. al. v. ACS State & Local Solutions, Inc., 663 F.3d 989 (8th Cir. 2011) (class action re data privacy);
M/K Systems, Inc. v. Glesmann, et. al., 79 Mass. App. Ct. 1101 (2011) (theft of trade secrets);
Cook, et. al. v. ACS State & Local Solutions, Inc., 756 F. Supp. 2d 1104 (W.D. Mo.2011) (class action re data privacy);
Wiles, et. al. v.Worldwide Information, Inc., 809 F. Supp. 2d 1059 (W.D. Mo.) (federal privacy law class action);
Wiles, et al., v. LocatePlus Holdings Corp., 2010 WL 3023909 (W.D. Mo, 2010);
Gil v. Vortex, LLC, 697 F.Supp.2d 234 (D. Mass. 2010) (D. Mass.) (handicap discrimination);
Corapi v. C & C Realty Development (2009 WL 3430297) (Mass. App. Div. 2009) (broker's commission);
Biffer v. Capital One Services, 2006 U.S. Dist. Lexis 8074 (D. Conn.)(identity theft);
In re Gitto Corp., 321 B.R. 367 (Bankr. D. Mass. 2005);
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. ai, 277 B.R. 449 (Bkrtcy D. Mass. 2002) (catastrophic property damage litigation);
In re: Malden Mills Industries, 275 B.R. 670 (Bkrtcy D. Mass 2002)
Big Top USA, Inc. v. The Whittern Group et. al., 998 F. Supp. 30 (D; Mass 1998) (trade dress infringement);
Big Top USA, Inc. v. The Whittern 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 (1sICir. 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).
Andrew is admitted to the Supreme Judicial Court of Massachusetts (1991) and the United States District Court for the District of Massachusetts as well as the First and Eighth Circuit Court of Appeals.
- Recipient of the Ambassador Award from the Associated Industries of Massachusetts (September 2014)
- Associated Industries of Massachusetts/Board of Directors (May 2014 - present)
- Associated Industries of Massachusetts/Human Resources Committee (January 2012 - present)
- AV Peer Review Rated by Martindale-Hubbell
- New England Super Lawyers® (Business Litigation)
- SBANE - Chairman of the Board (2009-2011)
- SBANE - Executive Committee (2008-2009)
- SBANE - Co-Chair/Human Resources Committee (2007-2009)
- International Association of Defense Counsel
- The Federalist Society
- Merrimack Valley Chamber of Commerce
- The Columbia Club of New York
- Participated in The New York Times "Room for Debate" blog on whether or not businesses should be allowed to have new employees sign noncompete agreements (June, 2014)
- Quoted in "Non-Compete Agreements: Protections? or barriers?" Worcester Business Journal (April 2014)
- Quoted in "Patrick Looks to Eliminate Tech Noncompete Agreements", Boston Globe (April, 2014)
- Supreme Court Affirms Supremacy of Federal Arbitration Act, International Association of Defense Counsel Business Litigation Committee Newsletter (March, 2013)
- Commentary in "Legislative developments concerning non-competes", New England In-House (March 13, 2012)
- Commentary in "Massachusetts Court Case Underscores Need for Non-Compete Agreements", Associated Industries of Massachusetts (AIM) (February 24, 2012)
- Quoted in "Start-up can enforce exec's non-compete", New England In-House (February, 2012)
- Quoted in "Non-compete litigation picks up as the economy improves", Boston Business Journal (December 23, 2011)
- Quoted in "Non-compete Agreements in Massachusetts Poised for Compromise," Mass High Tech (September 19, 2011)
- Quoted in "Patrick Threatens Enforcement Ban on Noncompetes," Boston Business Journal (September 16, 2011). To view the full version of this article, click here.
- Quote in "Non-compete Proposals Back on Beacon Hill," Massachusetts Lawyers Weekly (September 16, 2011). To view the full version of this article, click here.
- Quoted in “Survey Shows Judges Embracing Individual Voir Dire,” Massachusetts Lawyers Weekly (June 16, 2011). To view the full version of this article, please click here.
- Quoted in "State Eco-Dev, Chief Warns Mass Biz Harmed by Noncompete Laws," State House News Service (September 15, 2011).
- Featured in "Lawyers look to the Supreme Court for clarity on data privacy issue," Mass Lawyers Weekly Blog, December 2010. To view the full version of this article, please click here.
- “Reach of Retaliation Claims Expanded,” New England In-House, September 2008.
- “Who owns customer goodwill, after all?” New England In-House, May 2007.
- “SJC rejects court-imposed buy-out of minority shareholders?” New England In-House and Massachusetts Lawyers Weekly “Opinion” column, January 2007.
- “Non-competes must be updated to remain effective.” New England In-House, October 2006.
- Free Market Competition or Treason, Employee Duty of Loyalty: A Précis for the General Counsel (2004). This publication has been included in the Virtual Library of the 17,000-member American Corporate Counsel Association.
- Massachusetts Procedure, Lawyers Cooperative Publishing (1994) (Contributing Author).
- Quoted in “Carr Appeals Court Ruling on Contract,” The Boston Globe, Business Section (October 20, 2007). To view the full version of this article, please click here.
- Quoted in “Small Business Matters; E-mail management is all about developing a workable system,” The Boston Herald, Business Section, Article by Jennifer Heldt Powell (October 13, 2006).
- Quoted in “Deal or No Deal: Lawyers Weigh in on Settlement vs. Trial,” Massachusetts Lawyers Weekly (March 24, 2006).
Andrew is an active member of the Massachusetts business community.
Andrew serves on the Advisory Board of the Lazarus House in Lawrence, Massachusetts and is on the Parish Council at St. Augustine's Church in Andover, Massachusetts.
Andrew recently served on the Baker-Polito Transition Team Subcommittee on Jobs and the Economy. He helped prepare a written report to the Governor and Lt. Governor which makes recommendations for early action by the new administration.
In May 2014, Andrew was elected to the Board of Directors of the Associated Industries of Massachusetts, founded in 1915. From 2009 - 2011, he served as Chairman of the Board of Directors of the Smaller Business Association of New England or SBANE. He served as Co-Chairman of SBANE's Human Resource Committee, where he was instrumental in establishing the annual SBANE H.R. Symposium. Andrew arranged the first ever "High-Tech Forum" featuring C-level executives from Raytheon, Osram Sylvania and various mid-sized companies.
As SBANE's Chairman, Andrew started the Women in Business Committee and placed four women CEOs on the Board of Directors. He formed the Marketing and Membership Committee, and modernized the website so as to include social media. Andrew also worked to oppose proposed non-compete legislation which was unfair to business owners.
Andrew is a member of The Columbia Club of New York. Andrew also sat on the Massachusetts Commission Against Discrimination or MCAD-authorized committee charged with making recommended changes to the state's disability regulations.
Andrew is a regular participant in Massachusetts Continuing Legal Education and the Boston Bar Association Symposia.
MCAD Disability Regulations Committee, member of MCAD authorized committee charged with drafting regulations relative to disability discrimination (2010).
Co-Chair, 10th and 11th Annual New England Business Litigation Conference, Massachusetts Continuing Legal Education, January 2011 and 2012.
Panelist, “Employee Non-Compete Agreements and Job Creation: The Status of Law Reform a Year Later,” Boston Bar Association, July 2010 and July 2011.
Andrew was recently mentioned in Massachusetts Lawyers Weekly "Noncompete reform in state loses traction" as being appointed to Governor Charlie Baker's transition team subcommittee.
Andrew was recently featured in The New York Times "Room for Debate" blog on whether or not businesses should be allowed to have new employees sign noncompete agreements.
Andrew was recently featured on WBUR's Radio Boston regarding the Proposed Ban on Non-Compete Agreements in Massachusetts.
Andrew was recently quoted in Massachusetts Lawyers Weekly, August 19, 2013: Swell in employment suits amplified in Mass. Check out the Advice for Employers section.
Hear Andrew debate the negative impact on Massachusetts employers of the Healthy Workplace Bill, the proposed anti-bullying law under consideration in the MA legislature. Andrew was a guest on WBUR's Radio Boston program with Megna Chakrabarti and Anthony Brooks. To listen to the program, click here.
Hear Andrew debate Boston Globe Reporter on National Public Radio regarding Massachusetts Non-compete Laws. To listen to the podcast, click here.
Andrew was recently quoted in the Boston Business Journal: Patrick Threatens Enforcement Ban on Noncompetes
Andrew was recently quote in Massachusetts Lawyers Weekly: Non-compete Proposals Back on Beacon Hill