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Andrew's Published Cases

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

  • 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

  • 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)