James W. Gately
James W. Gately is an associate in Nutter’s Litigation Department and a member of the firm’s Business Litigation and Privacy and Data Security practice groups. A wide range of clients, from individuals and small businesses to multinational corporations, have relied on James to represent them in federal and state courts, in responding to a variety of state and federal agencies, and in front of other neutrals. Clients also turn to James for advice regarding the legal, technical, and strategic aspects of data privacy and cybersecurity risk, and to prepare for and respond to data breaches, hacking, and other cyber attacks.
Notable Experience and Client Impact:
- Representing financial institution regarding insurance and litigation issues arising from data breach
- Advising health care provider addressing major breach of patient data, investigating whether Personal Identifying Information and Protected Health Information had been accessed and exfiltrated, and determining reporting obligations in relevant jurisdictions
- Assisting multiple companies in responding to phishing attacks
- Representing multinational biotech client in intellectual property and contractual breach matter before mediator and in state court
- Representing artist in copyright dispute arising from unauthorized use of the artist’s works in a motion picture available for streaming around the globe
- Managing large-scale document collections, review, and productions in trade secret and tortious interference litigation on behalf of high-tech client
- Advising business, trade groups, and professional associations on antitrust claim and compliance issues
- Representing individuals in complex trust and closely-held business dispute
James is committed to the firm’s proud legacy of pro bono representation. In addition to maintaining an ongoing pro bono practice, James regularly advises litigants on civil appellate issues while volunteering in a the “lawyer for the day” program at the Massachusetts Appeals Court.
Prior to joining the firm, James worked as a summer associate at an international law firm in San Francisco, CA, as a paralegal in the Boston office of an international law firm, and as a paralegal specialist at the U.S. Department of Justice, Antitrust Division in Washington, D.C. James served as lead paralegal of the Division's winning trial team in U.S. v. H&R Block—the Division's first successful challenge to a merger in more than eight years—and earned an Assistant Attorney General Award of Distinction for his work.
A graduate of the University of California, Berkeley, School of Law, James received the American Jurisprudence Award and served as Publishing Editor of the California Law Review. The journal published his comment, Caetano: A Dangerous Misreading of Unusual in Heller, in 2016.
News & Insights
- 10.29.2020 | Legal Advisory
- 10.12.2020 | Legal Advisory
- Treasury Department Warns of Potential Sanctions to Organizations Paying to Resolve Ransomware Attacks10.02.2020 | Legal Advisory
- 07.16.2020 | Legal Advisory
- The SHIELD Act: NY’s Expanded Security Requirements and Data Breach Notification Law Asks More of Businesses (and not just those in New York)03.31.2020 | Legal Advisory
- 03.16.2020 | Legal Advisory
- Writing for Banker & Tradesman, Seth Berman and James Gately Analyze Monetization of Big Data in the Banking Industry12.29.2019 | Article
- 10.01.2019 | Article
Education & Admissions
University of California, Berkeley, School of Law, J.D.
Trinity College, B.A.
- U.S. District Court for the District of Massachusetts
In the Community
James has coached an under-10 boys league at Hill House in Boston and served as an academic mentor at For the Love of Children in Washington, D.C. He also ran the Boston Marathon, raising nearly $20,000 for the Limbs for Life Foundation to provide prosthetic care and support to amputees.
A graduate of the University of California, Berkeley, School of Law, James received the American Jurisprudence Award in Criminal Law and served as a Publishing Editor of the California Law Review.