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Catherine Gallagher

Hon. Catherine A. Gallagher (Ret.)

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Case Manager
Josephine Care
T: 408-346-0737
F: 408-295-5267
160 W. Santa Clara St. , Suite 1600 , San Jose , CA 95113
jcare@jamsadr.com

Hon. Catherine A. Gallagher (Ret.) is a full time neutral at JAMS and frequently mediates and arbitrates business and commercial matters. Prior to becoming a neutral, she served on the Superior Court for 25 years including a term as the Presiding Judge. She has tried and settled numerous business cases, which along with her background at the Securities and Exchange Commission, gives her the skills needed to successfully resolve challenging business disputes. She is known for her experience in complex, difficult cases; her goal is to bring the parties to a lasting resolution in a cost effective manner. 
 

Representative Matters

  • Resolved dissolution of $54 million business conglomerate operating apartment buildings, farming operations, and several management companies 
  • Experienced with business disputes involving Uniform Commercial Code, issues included interpretation of definition of delivery, adequacy of substitution of like product and installment sale of product
  • Mediated dissolution of a partnership owning $22 million shopping center between four partners to arrange the orderly buyout of two partners interest and to structure the transaction to minimize tax consequences and permit appropriate bank financing to go forward
  • Resolved property disputes including proscriptive easements, interpretation of real estate contract, and cancellation agreement
  • Mediated dispute involving disposition of $42 million worth of highly leveraged properties consisting of apartment buildings, single family residential rentals, and commercial real estate
  • Resolved misappropriation of trade secret, breach of contract, and related claims arising from the design of a heart stent against two cardiologists who eventually sold the design to major pharmaceutical company
  • Handled case involving manufacturer of custom product who sought to pierce the corporate veil and demonstrate that the Original Equipment Manufacturer (OEM)  was under capitalized
  • Resolved lending institution suit against borrower for fraud based on information contained in loan application.  Also at issue were representations made to borrowers when loan obtained
  • Resolve issues with owners of  Subchapter S Corporation to maximize tax advantages in transfer of shares and minimize chances of an IRS audit
  • Woman of Influence, Silicon Valley Business Journal, 2014
  • Trial Judge of the Year, Santa Clara County Trial Lawyers Association, 2008
  • Michael Patiky Miller Luminary Award, Silicon Valley Bar Association, 2007
  • Honoree, Saint Thomas More Society, 2007
  • Honoree, Women Lawyer Committee of the Santa Clara Bar Association, 2006
  • Lecturer, University of Santa Clara, Trial Practice Techniques, 2007
  • Professor, University of Santa Clara, Paralegal Institute, Securities Regulation, 1984-1991
  • Bar Examination Grader, State Bar of California, San Francisco, California, 1978-1979
  • Member, California Judges Association, 1984 to present (Executive Board member, 2003-2006)
  • Board Member, Sentencing Alternate Program, 1984-2004 (former President and officer)
  • Board of Directors, National Association of Alcohol and Drug Dependency, 1986-1991
  • Board Representative from the District Attorney’s Office, WOMA (The Women’s Alliance to prevent Domestic Violence), 1979-1983
  • Member, National Association of Women Judges; Lifetime member of California Women Lawyers; Santa Clara Bar Association
  • "Committed to Closing," ADR Profile, Daily Journal, July 29, 2011
  • Judge, Superior Court, County of Santa Clara, 1989-2009
    • Presiding Judge, 2007-2008
    • Assistant Presiding Judge, 2005-2006
  • Judge, Municipal Court, County of Santa Clara, 1984-1989
  • Deputy District Attorney, County of Santa Clara, 1979-1984
  • Special Assistant United States Attorney, United States Attorney’s Office, San Francisco, California 1979-1981 
  • Staff Attorney, Securities and Exchange Commission, Division of Enforcement, Washington D.C. (1975-1977) and San Francisco, California (1977-1979)
  • Law clerk, Honorable Joseph M.F. Ryan, Jr. Superior Court of the District of Columbia, Washington, D.C. (1974-1975) 
  • J.D., Georgetown University Law Center, 1974
  • B.A., St. Mary’s College, Notre Dame, 1971

Counsel Comments

    • “Judge Gallagher establishes instant rapport and total respect.”

      - Bay Area attorney
    • “I couldn’t have asked for a more balanced, thoughtful, and productive mediation process than the one we had with Judge Gallagher. She strikes just the right balance and we achieved a fair result.”

      - Bay Area attorney
    • “[Judge Gallagher] was sufficiently neutral, yet not afraid to voice opinions about select issues; [she] worked very hard and had respect for all.”
    • “[Judge Gallagher] was on top of the issues, pleasant, respectful, persuasive and effective.”
    • “[Judge Gallagher’s] scholarly knowledge of relevant statutory and case law combined with her practical day to day knowledge of the workings of the court and of the judicial process makes her a most reliable and trustworthy advocate for resolution. [She] treats parties with the highest respect while teaching them the rocky road of litigation with style, grace and a most convincing charm.”
    • “I was not optimistic that the parties would settle anything at all. [Judge Gallagher] gave us the tough advice - and new way of considering our case - that we needed.”
    • “[Judge Gallagher] has always been good, effective and a hard worker - it is amazing how [she] has improved, even when I thought [she] was already great - [she] is one of the best mediators JAMS has - [she] is very good at pushing the parties and that is the key.”
    • “Without [Judge Gallagher’s] intelligence and perseverance, I don’t know that the settlement would have been reached.”
    • “[Judge Gallagher] was very efficient, to the point and had the knowledge to settle the case. [She] did an excellent job.”
    • “[Judge Gallagher] was prepared and attentive. We could not have asked for a mediator more intent in achieving a settlement-which was accomplished.”

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