Biography
Hon. Catherine A. Gallagher (Ret.) began her impressive legal career with the Division of Enforcement at the Securities and Exchange Commission in Washington, D.C. She subsequently transferred to the bureau’s San Francisco branch and shortly thereafter was appointed as a Deputy District Attorney in Santa Clara County. Judge Gallagher ultimately joined the local judiciary, where she became well regarded by counsel for the depth and breadth of her experience over her 25 years on the Santa Clara County Superior Court, including a two-year term as the Presiding Judge. During her time on the bench, she served in every division, giving her experience in many diverse areas of the law and providing her with great insight into how to resolve cases with a wide variety of personalities.
ADR Experience and Qualifications
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Served as trial counsel in Securities and Exchange Commission v. American Realty Trust 586 F2d 1001 (4th Cir., 1978)
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Acted as lead investigating attorney in several cases involving comprehensive examinations of brokerage houses for compliance with and violations of securities laws
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Appointed Special Assistant United States Attorney in the criminal prosecution of five individuals charged with securities fraud involving REITs and limited partnerships
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Mediated termination of $54 million partnership through creative settlement options including planning for refinancing and resolution of complex environmental issues
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Resolved dispute surrounding forced termination of partnership which owned $22 million in shopping centers
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Evaluation of Restricted Stock Units (RSU)
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Determination of vesting and exercise date(s) for stock options
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Interpretation of Transfer and Right to Repurchase Agreements
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Valuation of General and Limited Partnership investments
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- 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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