Andrew P. Botti

Andrew P. Botti: Attorney with McLane Middleton, Professional Association AV stamp icon
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Biography

Andrew represents corporations, smaller businesses, and family owned and operated enterprises in complex business and employment-related issues. He advises management and business owners/operators on business disputes, shareholder issues, employee discrimination claims, 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 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.

Andrew was appointed to the Massachusetts Economic Development Planning Council by Governor Charlie Baker. The Council's mission was to develop a written comprehensive economic development policy for Massachusetts, and construct a strategic plan for its implementation. The plan was eventually signed into law by the Governor.

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 (now known as the New England Business Association) 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.

Representative Work

Mr. 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 1170964 (D. Mass.) (labor and employment/contract, 2016)
• Perficient v. Priore , 2016 WL 1716720 (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)
•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. 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) (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 (1stCir. 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)

Representative Business / Employment Litigation Matters/Actions:

•Business disputes involving ownership of intellectual property, trade secrets and confidential business information
•Contract disputes involving specific performance, breach and interpretive analysis
•Copyright, trademark and trade dress matters
•Non-competition/non-solicitation agreements and employee duty of loyalty
•Defense of employment related claims for wrongful discharge, discrimination and alleged Wage Act violations
•Shareholder disputes in closely held businesses

Additional Media:

•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 Lesiglative Session? (seminar replay - 1/14/2016)
•We Need Noncompete Agreements to Protect Small Businesses (New York Times article - 6/10/2014)
•5 Arguments for Using Noncompetes (WBUR/Boston’s NPR News Station podcast - 5/6/2014)
•Mass. Courts Step Into Digital Era (The Boston Globe - 4/22/2014)
•Patrick Looks to Eliminate Noncompete 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)
•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 Buses Give Greyhound a Run (The Wall Street Journal - 1/28/2005; Attorney Botti represented Kristine Travel and Tour)

Employee Duty of Loyalty

That's Not Fair! Equitable Principles and Remedies That Can Help Your Business

MassBusinessCompetitionLaw.com
Massachusetts Business Competition Law is a resource center for business professionals in the Commonwealth of Massachusetts.

The site provides the most relevant and pertinent legal developments which may affect your business in the area of unfair competition - both in the context of competing enterprises and employee duty of loyalty obligations. Updates include legislative developments as well as the latest court rulings, and how best to anticipate and protect against unfair business practices.

Articles & Presentations

•Developments on the Massachusetts Non-Compete Front
•Non-Compete Reform Bill Set to Become Law
•The Massachusetts Equal Pay Act: What Employers Need to Know

Areas of Practice (7)

  • Trial Practice and Litigation
  • Employment & Labor
  • Business Litigation
  • Labor & Employment Law
  • Non-Competition Law/Employee Duty of Loyalty
  • Trade Dress/Copyright/Trademark Law
  • Trade Secrets

Education & Credentials

Contact Information:
781.904.2692  Phone
781.904.2701  Fax
www.mclane.com
University Attended:
Columbia University, B.A., 1983
Law School Attended:
Northeastern University, J.D., 1991
Year of First Admission:
1991
Admission:
First and Eighth Circuit Court of Appeals; United States District Court for the District of Massachusetts; 1991, Massachusetts
Memberships:

Involvement

•Federal Bar Association and Columbia Club of New England
•Andrew was appointed to the Massachusetts Economic Development Planning Council by Governor Charlie Baker.
•Andrew is an active member of the Massachusetts business community.
•Andrew serves on the Board of the Lazarus House in Lawrence, Massachusetts and was on the Parish Council at St. Augustine's Church in Andover, Massachusetts.
•Andrew 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 made 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 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, July 2011, and 2015.

Reported Cases:
Representative Work: Mr. 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 1170964 (D. Mass.) (labor and employment/contract, 2016); Perficient v. Priore, 2016 WL 1716720 (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); 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. 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) (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 (1stCir. 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)
ISLN:
901638227

Peer Reviews

4.8/5.0 (1 review)
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
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    4.8/5.0
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  • Communication

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  • Legal Experience

    4.9/5.0

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Woburn, Massachusetts

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