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Commercial Litigation Cases & Resources

Recent Publications

On FTC Noncompete Ban, It’s Prepare but Wait-and-See, Attorneys Say. Massachussetts Lawyer Weekly (May 2024)

The ‘Senior’ Jobs that Require No Experience. Wall Street Journal “Personal Journal Section” (April 25, 2024)

Judge issues warning in halving lawyer’s fee request. Massachussetts Lawyers Weekly (April 2024)

AP Botti Law Newsletter

Andrew's Published Cases

Andrew P. Botti has the following published cases relating to his practice in the areas of business and employment litigation:

  • Sourcing Unlimited d/b/a/ Jumpsource v. The Fox Company, et. al., 2023 WL 6065959 (D. Mass.) (Sept. 18, 2023) -(summary judgment);
  • Sourcing Unlimited d/b/a/ Jumpsource v. The Fox Company, et. al., 2021 WL 2855713 (D. Mass.) July 8, 2021 (motion to dismiss all claims)
  • Susan Randall v. A.D. Makepeace Company (Massachusetts >Commission Against Discrimination, 2018)
  • Selfridge v. Jama, et. al, F. Supp. 3d, 2016 WL (D. Mass.) (labor and employment/contract, 2016)
  • Perficient v. Priore, 2016 WL (D. Mass.) (non-compete agreement)
  • Robert Laing v. J.C. Cannistraro (MCAD Handicap Discrimination, 2015)
  • Clearly 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)
  • Calgary 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) (handicap discrimination)
  • Corapi v. C&C Realty Development (2009) (WL 3430297) (Mass. App. Div. 2009) (broker’s commission)
  • Patrice Emberly v. Ronald H. Surabian, as Executor of the Estate of Edna A Beaver, Essex Superior Court C.A. No. 2008-01370-A (breach of contract/quantum meruit claim for value of services rendered, 2008)
  • 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. 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 (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) (New Hampshire Supreme Court) (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)
  • Crowley v. Communications for Hospitals, 30 Mass. App. Ct. 751 (1991) (minority shareholder relief) (Attorney Botti worked on this matter after remand to Superior Court)

Andrew's Articles Address Numerous Key Business Interests.

Andrew has Been Cited in Various Well-Respected High Profile Publications

  • The ‘Senior’ Jobs that Require No Experience. Wall Street Journal “Personal Journal Section” (April 25, 2024)
  • “Judge issues warning in halving lawyer’s fee request.” (Massachussets Lawyers Weekly, April 2024)
  • Court Revives Financial Broker’s Ch. 93A Claim (Massachusetts Lawyers Weekly (12/11/23)
  • 2021 Employment Law Reference Guide (Associated Industries of Massachusetts, contributor)
  • Arbitration Term Remains Sticking Point for Would-Be E-Filer (Massachusetts Lawyers Weekly, 2/18/2021)
  • On Pins and Needles – Should Employers Require COVID-19 Vaccinations for Employees? (Associated Industries of Massachusetts, 1/14/2021)
  • A Fight Over Trade Dress Can Be a Mess. But a Necessary One to Protect Your Brand (New England In-House, November 2020)
  • Questions. Reservations Over Jury Trial Plan (Massachusetts Lawyers Weekly, 8/17/2020)
  • Massachusetts Wants to Keep Taxing Telecommuters from NH, Stirring Up a New Kind of Border War (The Boston Globe, 8/7/2020)
  • 2020 Employment Law Guide (Associated Industries of Massachusetts, contributor)
  • The Equal Employment Opportunity Commission Allows Employers to Test Employees for COVID-19 (Employment Law Business Guide, 4/24/2020)
  • Woburn Litigator Also Makes His Mark As Landscape Artist (Massachusetts Lawyers Weekly, 1/2/2020)
  • North of Boston Business Magazine: Court Rules Against Soliciting Clients One Job to the Next (Fall 2019)
  • Department of Family and Medical Leave Requirements (5/24/2019)
  • Developments on the Massachusetts Non-Compete Front (New England In-House Magazine, 8/31/2018)
  • Senate Set to OK Limits on ‘Noncompete’ Clauses (The Boston Globe, 7/26/2018)
  • Noncompete ‘Reform’ Movement Marks the Death of an Era (Boston Business Journal, July 2018)
  • The Massachusetts Equal Pay Act: What Employers Need to Know (Massachusetts Society of CPAs Sum News article, July 2018)
  • The State of Non-Compete Agreements in Our State: What’s Pending on Beacon Hill this Legislative Session? (seminar replay, 1/14/2016)
  • Banning Non-Competes May Not Happen After All, But Employment Attorneys See an Upside to Having the Conversation (Boston Business Journal, 6/ 27/2 014)
  • We Need Noncompete Agreements to Protect Small Businesses (New York Times article, 6/10/2014)
  • 5 Arguments for Using Non-competes (WBUR / Boston’s NPR News Station podcast, 5/6/2014)
  • Non-Compete Agreements: Protections? Or Barriers? (Worcester Business Journal, 4/28/2014)
  • Mass. Courts Step Into Digital Era (The Boston Globe, 4/22/2014)
  • Patrick Looks to Eliminate Non-compete Agreements (The Boston Globe, 4/10/2014)
  • Swell in Employment Suits Amplified in Mass. (Massachusetts Lawyers Weekly, 8/15/2013)
  • Bill Seeks to End Workplace Bullying in Mass. (WBUR Boston’s NPR News Station podcast, 7/2/2013)
  • Legislative Developments Concerning Non-Competes (New England In-House Magazine, 3/13/2012)
  • Massachusetts Court Case Underscores Need for Non-Compete Agreements (AIM Business Insider, 2/24/2012)
  • Non-Compete Clauses Serve Protective Purpose (The Boston Globe, 11/5/2011)
  • Non-Compete Proposals Back on Beacon Hill (Massachusetts Lawyers Weekly, 9/16/2011)
  • Patrick Threatens Enforcement Ban on Non-competes (Boston Business Journal, 9/16/2011)
  • State Eco-Dev Chief Warns Mass Biz Harmed by Non-Compete Laws (State House News Service, 9/15/2011)
  • Bar Looks for Clarity on Data Privacy Issue (Massachusetts Lawyers Weekly, 12/13/2010)
  • Non-Compete Bill Too Complicated, Biased (Massachusetts Lawyers Weekly, 10/25/2010)
  • Reach of Retaliation Claims Expanded (New England In-House Magazine, 7/28/2008)
  • Carr Appeals Court Ruling on Contract (Boston Globe, 10/20/2007)
  • Who Owns Customer Goodwill, After All? (New England In-House Magazine, 5/31/2007)
  • SJC Rejects Court-Imposed “Buy-Out” of Minority Shareholder (New England In-House Magazine, 1/26/2007)
  • Non-Competes Must Be Updated to Remain Effective (New England In-House Magazine, 10/31/2006)
  • E-mail Management is All About Developing a Workable System (Boston Herald, 10/13/2006)
  • Street Smarts: On the East Coast, Chinese Busses Give Greyhound a Run (The Wall Street Journal, 1/28/2005; Attorney Botti represented Kristine Travel and Tour)
  • Identity Theft Claim Vs. Credit Card Co. Denied (Massachusetts Lawyers Weekly, 12/20/2004)
  • Parole Board Member Admits Using Slurs; Perjury Investigation Sought (The Boston Globe, 12/12/1998)
  • Possible Perjury Probe in Works (New England News Service, 1998)