Hon. Allan van Gestel (Ret.)

T: 617-228-0200
F: 617-228-0222
Available nationwide
Business/Commercial
Judge van Gestel has more than 53 years of experience handling complex civil litigation matters and is an expert at resolving business and commercial disputes. For seven years he served as the founding and presiding Justice of the innovative Business Litigation Session of the Massachusetts Superior Court, a specialized court established to efficiently handle that state’s complex business cases. Prior to that, he litigated a variety of multi-party, complex matters during his 35 year legal career at Goodwin Procter & Hoar. Justice van Gestel is considered to be an independent-minded and effective jurist who is highly respected by all parties.

Representative Matters

  • Assessed alleged claims for breach of contract and joint venture agreement
  • Assessed claims against a major internet program developer/owner in anticipation of California mediation and Massachusetts federal litigation relating to ownership rights in the program in issue
  • Breach of contract dispute involving the purchase of a software billing and records system
  • Claim for recovery of lobbying and consulting fees in an environmental land fill recapping project
  • Claims against a bank for forged endorsements on personal checks by depositor
  • Claims by investors and officers for breach of fiduciary duties and stock fraud relating to a struggling start up
  • Cross claims for breach of contract involving the management of a public golf course
  • Dispute over stock ownership between a closely held corporation and a shareholder, also involving sale of franchise rights
  • Mediated a breach of licensing and distribution agreement involving a new pharmaceutical product
  • Mediated a dispute involving family ownership of stock in a closely held corporation
  • Mediated an international antitrust claim involving a foreign professional athletic association and an U.S. professional athletic association
  • Mediated cross-claims between a major retailer and a financing bank on the termination of a co-branded credit card program
  • Mediated several disputes involving alleged corporate freeze-outs by majority shareholders of closely held corporations

Honors, Memberships, and Professional Activities

  • Recipient, Samuel E. Gates Litigation Award, American College of Trial Lawyers, 2015
  • Fellow in the American College of Trial Lawyers since 1979
  • Fellow and Founding Member in the American College of Business Court Judges
  • Recipient of the Silver Shingle Award from Boston University School of Law for Distinguished Service to the Profession
  • Recipient of the Boston Bar Association Citation of Judicial Excellence, 2002
  • Recipient of the Massachusetts Lawyers Weekly 2003 Judicial Excellence Award
  • Recipient, Haskell Cohn Distinguished Judicial Service Award, Boston Bar Association
  • Former chair, Standing Advisory Committee on the Massachusetts Rules of Civil Procedure

Background and Education

  • Associate Justice, Massachusetts Superior Court, 1996-2008
  • Associate and Partner, Trial Department, Goodwin, Procter & Hoar, 1961-1996
  • LL.B., Boston University School of Law, 1961 (editor, Boston University Law Review)
  • B.A., Colby College, 1957

Disclaimer

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