James Edward Gallagher

Practices Practices Back Banking & Credit Business Divorce & Family Law Employment Intellectual Property Litigation Real Estate & Environmental Regulatory & Administrative Law People People Back Attorneys In Memoriam Retired Attorneys Back Careers & Culture Community Involvement International Awards Resources Resources Back News & Insights You searched for Shareholder, Executive Committee Member James E. Gallagher phone: 617-589-3883email: [email protected] Download vCard Print Bio Share this Bio education J. D., Suffolk University Law School B. A., Colgate University Practice Areas Business Business Litigation Employment Counseling Businesses Employment Litigation & Dispute Resolution Workplace Policies & Procedures Intellectual Property Intellectual Property Litigation Litigation Appellate Advocacy Business Litigation Employment Litigation & Dispute Resolution Intellectual Property Litigation Probate & Fiduciary Litigation Real Estate, Land Use & Environmental Litigation Securities Litigation & Arbitration Services Real Estate & Environmental Condominiums, Cooperatives & Homeowners Associations Land Use Real Estate, Land Use & Environmental Litigation Regulatory & Administrative Law SEC Compliance & Enforcement PRACTICE & FOCUS AREA Hide Jim is a creative and attentive litigator and trial lawyer. He routinely litigates business disputes between partners, zoning appeals and other real estate matters, as well as plaintiff and employer-side employment disputes. Jim also defends institutional and individual trustees and beneficiaries in probate cases and will contests. Jim has represented clients in investigations before the Securities and Exchange Commission and in state and federal court. When advising clients, his goal is to help them create plans to resolve their disputes effectively and efficiently. Jim also currently serves as a Lieutenant Colonel in the United States Marine Corps Reserve. Before joining Davis Malm, Jim served as an officer and judge advocate. While stationed in Kaneohe Bay, HI, he served as a prosecutor and defense counsel and Special Assistant U. S. Attorney for the U. S. Attorneys Office for the District of Hawaii. In these roles, Jim engaged, prosecuted, and defended marines and sailors in numerous contested criminal courts-martial. In 2008, Jim deployed as the Battalion Judge Advocate with 2d Battalion, 3d Marines in support of Operation Iraqi Freedom. RESULTS View Successfully represented a client in a jury trial involving claims of damage to reputation and emotional distress. The jury found in favor of our client and awarded monetary damages, plus interest, costs and attorneys fees. Represented 21 condo owners before the Boston Zoning Board of Appeals in preventing a neighboring office building from being converted to biotech use. After arguing that the proposed conversion represented a step backwards in planning, given the amendments to the Boston Zoning Code which created Article 68, known as the South Boston Neighborhood District, the Boston Zoning Board of Appeals unanimously rejected the building owners conversion proposal. Successfully represented the daughter of a decedent in challenging the petition of his will, which omitted his children. The court dismissed the petition for probate on the basis that the decedent lacked the requisite mental capacity to sign the will, and found that the decedent died intestate. Read the decision here. Successfully recovered a clients land that had been wrongfully included as part of a foreclosure of an adjacent parcel. Successfully represented client prosecuting claims of patent infringement, including defeating motion to dismiss, resulting in favorable settlement for client. Successfully defended a real estate developer against claims of Clean Water Act and Safe Drinking Water Act violations. The client was absolved of all liability for pollution. Successfully represented real estate developer obtaining zoning relief from Boston Zoning Board of Appeals. 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. Representation of trustees, executors, administrators, beneficiaries, and other individuals and entities in legacy disputes, will contests, action for breach of fiduciary duties, and accountings. Successfully pursued claims for fraud, breach of contract, and unfair and deceptive trade practices and obtained substantial settlement against one of the worlds largest private aircraft manufacturers. REPORTED CASES View Rauseo v. Army Corps of Engineers, 368 F. Supp. 3d 202 (D. Mass. 2019) - Obtained dismissal of plaintiffs claims against real estate developer for violations of the Safe Drinking Water Act and other claims. Neponset Landing Corp. v. Northwestern Mut. Life Ins. Co., 902 F. Supp. 2d 149, 152 (D. Mass. 2012) - Representing plaintiff, obtained order denying defendants motion for summary judgment on Plaintiffs breach of contract and breach of good faith and fair dealing claims. CREDENTIALS View Distinctions: Massachusetts Super Lawyers, 2019-2024 Massachusetts Super Lawyers Rising Stars, 2011-2017 Admitted: Massachusetts New Hampshire Pennsylvania (inactive) United States District Courts for Massachusetts, New Hampshire, and the Eastern District of Pennsylvania Member: Boston Bar Association International Lawyers Network MORE THAN A LAWYER View Outside the office, Jim continues to serve in the Marine Corps Reserve. He is currently serving as the Deputy Staff Judge Advocate Marine Corps Forces Command, Norfolk, Virginia. In this role, Jim advises the Commanding General and subordinate commanders on a wide range of legal issues. Jim continues to donate some of his working time to serve as a pro bono attorney with Veterans Legal Services. When Jim is off duty, he spends most of his time as a volunteer coach with Parkway Youth Hockey and Parkway Youth Lacrosse. News & Insights View Davis Malm Announces Leadership Changes in 2025 2024 Veterans in Law Special Issue Davis Malm Participates in Annual Greater Boston Stand Down Event to Provide Legal Expertise to Veterans Nearly Two Dozen Davis Malm Attorneys Recognized by Massachusetts Super Lawyers Boston Litigator Brings Marine Corps Grit to Court Brockton chicken coop still stands after $90K legal fight, quoted in Massachusetts Lawyers Weekly 27 Davis Malm Attorneys Recognized by Massachusetts Super Lawyers 25 Davis Malm Attorneys Recognized by Massachusetts Super Lawyers Davis Malm Represents Boston Condo Owners in Defeating Conversion of Neighboring Office Building for Life Sciences Use Davis Malm Shareholders Author Contract Basics for Litigators: Massachusetts Guide for Thomson Reuters Practical Law 22 Davis Malm Attorneys Recognized by Massachusetts Super Lawyers Davis Malm Participates for the 10th Consecutive Year in American Heart Associations Lawyers Have Heart 5K For the 16th Consecutive Year, Davis Malm Participates in 21st Annual Walk to the Hill for Civil Legal Aid 22 Davis Malm Attorneys Recognized by Massachusetts Super Lawyers Where theres a will..., quoted in Massachusetts Lawyers Weekly Jim Gallagher Promoted to Lieutenant Colonel in US Marine Corps Reserve Jim Gallagher Elevated to Shareholder Towing Co. Cant Pick Off Lead Class-Action Plaintiff, quoted in Massachusetts Lawyers Weekly Davis Malm Attorneys Walk to the Hill for Civil Legal Aid 23 Davis Malm Attorneys Recognized by Massachusetts Super Lawyers Preparing for Litigation Risks as a Small Business Owner, authored article in Small Biz Daily Davis Malm Participates in American Heart Associations 10th Annual Lawyers Have Heart 5K Open for Business: The Probate and Family courts are now hearing tax-related trust reformation cases, authored article in Massachusetts Lawyers Journal Twenty-Five Davis Malm Attorneys Recognized by Massachusetts Super Lawyers Davis Malm Attorneys Walk to the Hill for Civil Legal Aid Career Cluster, panelist at Colgate Universitys Sopho MORE Connections Program Twenty-Six Davis Malm Attorneys Listed in 2015 Massachusetts Super Lawyers and Rising Stars Twenty-Six Davis Malm Attorneys Listed in 2014 Massachusetts Super Lawyers and Rising Stars Davis Malm Attorneys Walk to the Hill for Civil Legal Aid Thirty Davis Malm Attorneys Listed in 2013 Massachusetts Super Lawyers and Rising Stars Davis Malm Attorneys Walk to the Hill for Civil Legal Aid Twenty-one Davis Malm Attorneys Listed in 2012 Massachusetts Super Lawyers and Rising Stars Davis Malm Attorneys Walk to the Hill for Civil Legal Aid Twenty-Two Davis Malm Attorneys Named 2011 Massachusetts Super Lawyers and Rising Stars Jim Gallagher Participates in Alumni Fall Career Forum at Suffolk University Law School Jim Gallagher Participates in Boston Regional National Appellate Advocacy Competition Awards