Hon. Catherine A. Gallagher (Ret.)

T: 408-288-2240
F: 408-295-5267
Business/Commercial

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. 

Read counsel comments about Judge Gallagher’s skills and style as a neutral.

 

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

Honors, Memberships, and Professional Activities

  • 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

Background and Education

  • 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

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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