Gary S. Matsko

Gary is a trial attorney, representing individuals and businesses in civil litigation and before regulatory agencies, including the Securities and Exchange Commission. He represents parties in actions throughout New England, in several U.S. federal courts and in arbitration proceedings. Gary has litigated cases involving claims arising from business sales and acquisitions, securities claims, employment disputes, shareholder disputes, environmental matters and other business matters.

Gary’s prior roles as Enforcement Branch Chief for the New England Region of the Securities and Exchange Commission and as legal assistant to an SEC Commissioner taught him to look beyond the obvious solutions to service clients creatively and thoroughly.

Recent matters include:

• Successfully brought two SEC investigations to conclusion for a public company without enforced action.
• Obtained a jury verdict worth approximately $6 million for a NYSE-listed company after a three-week trial in Delaware Superior Court in a breach of contract action arising out of defendant’s failure to honor an environmental indemnification. Prevailed in Delaware Supreme Court appeal of the case.
• Successfully brought SEC investigations of the CFO of a public company without enforced action.
• 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.
• Represented former senior officer of major mutual fund complex in SEC investigation and enforcement litigation.
• Represented outside director of a public company in SEC enforcement litigation.
• Represented former public company employee in an SEC revenue recognition investigation.
• Represented trust beneficiary in claims against trustees for misuse and diversion of trust assets.
• Represented LLC and majority members in suit with respect to diversion of business opportunity and fiduciary breaches.
• Represented the sellers of two major hospitals in prosecuting their suit against the buyer for breach of post-closing contract and third party contract obligations resulting in a $6 million judgment for our clients.
• Represented a senior securities trader for a major investment company complex in an SEC investigation and enforcement action.
• Successfully defended a local businessman in an SEC insider trading investigation.
• Represented the sellers of a sports promotion and agency business with respect to the buyer’s failure to account to clients for post-closing revenues.
• Represented the majority shareholder and members of the board of directors of a golf course enterprise in defending against claims advanced by a minority shareholder.