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Richard M. Gelb

Attorney Profile

rgelb@gelbgelb.com 
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Richard M. Gelb, a partner and co-founder of Gelb & Gelb LLP, is a member of the bars of the Commonwealth of Massachusetts, State of New York, District of Columbia, United States District Courts for the Districts of Massachusetts, the Southern and Eastern Districts of New York and the District of Connecticut, United States Courts of Appeals for the First, Second and Eleventh Circuits and the United States Supreme Court.

He is a graduate of New York University (B.A. 1969) and Boston College Law School (J.D. 1973).

Areas of Practice

Mr. Gelb represents clients in federal and state court litigation, arbitration and regulatory proceedings.  He concentrates in the areas of business, securities, non-competition agreements, corporate raiding and trade secrets, accountants' liability and criminal law.

Experience

Mr. Gelb has been practicing law for over 36 years. He has tried jury and non-jury cases in federal and state courts, and business and securities cases in arbitration. He was an associate in the Litigation Department of Proskauer Rose LLP in New York City where he was a member of a team of lawyers representing SCM Corporation against Xerox Corporation in a landmark antitrust case that was tried to a jury. From 1980 to 1990, Mr. Gelb's jury trials included complex plaintiffs' personal injury and medical malpractice cases. Mr. Gelb is also experienced in regulatory proceedings including those before the United States Securities and Exchange Commission, self-regulatory organizations such as the NASD and NYSE (currently known as FINRA), and state administrative agencies including the Massachusetts Division of Securities and Division of Insurance. He also represents clients before the Certified Financial Planner Board of Standards, Inc. and the Massachusetts Board of Accountancy.

Recognition

Mr. Gelb is included in theMartindale-Hubbell Law Directory where he received the highest rating ("AV"), the Martindale-Hubbell Bar Registrar of Preeminent Lawyers, The Best Lawyers in America, New England Super Lawyers, Massachusetts Super Lawyers, Who's Who in the World, Who's Who in America, Who's Who in American Law and The Best of the U.S.'s list of the Best Service Professionals in the United States under Commercial Litigation.

Professional Affiliations

Mr. Gelb was a member of the Board of Trustees and is a member of the Leadership Council of the American Inns of Court Foundation, and the state liaison for Massachusetts. On the local level, he is a founder and was Co-President of the Suffolk University Law School Litigation American Inn of Court, and is the past President of the Boston Inn of Court. The Inns of Court promotes professionalism competence, civility and ethics in the legal profession.

At Boston College Law School, he was Vice President, Communications of the Boston College Law School Alumni Council, and Co-Chair of the Leadership Gifts Committee. Mr. Gelb received the Reverend James B. Malley, S.J. Award for service and commitment to the law school and was a recipient of the 75th BC Law Anniversary Awards.

Mr. Gelb was a member of the Massachusetts Bar Association's Civil Litigation Section Council, a member of the Committee on Ethics, Chair of the Business Litigation Committee, and a member of the State Bench-Bar Forum Committee. At the Boston Bar Association, he was Co-Chair of the Securities Law Committee Broker-Dealer Subcommittee, the Fee Disputes Committee, and a member of the Task Force on Civility in the Legal Profession. Mr. Gelb was Co-Chair of the Trade Secrets Committee of the Boston Patent Law Association. Mr. Gelb is a life member of the Massachusetts Bar Foundation and a member of the American Bar Association and a Fellow of the American Bar Foundation.

Press

Mr. Gelb has been quoted by the media on legal issues in publications such as The Boston Business Journal, The Boston Globe, The Boston Herald, Bureau of National Affairs, Financial Planning on Wall Street, Investment News, Massachusetts Lawyers Weekly, Lawyers Weekly USA, The New York Times, Securities Week and The Wall Street Journal.


Seminars

  • Co-chair and faculty, "Shareholder Disputes in Closely-held Corporations," Massachusetts Bar Association (Fall and Spring 1993).

  • Faculty, "Securities Litigation and Arbitration," The Greater Boston Society of the Institute of Certified Financial Planners Quarterly Educational Seminar (Spring 1993).

  • Faculty, "Use of Experts," National Association of Securities Dealers, Inc.'s Training for Securities Arbitrators (September 1993).

  • Faculty, "How to Protect Corporate Information When Investigating and Responding to Pre-litigation Claims," Massachusetts Bar Association's Business Law and Civil Litigation Sections, New England Corporate Counsel Association and Center for Law and Technology at Boston University School of Law (March 1994).

  • Faculty, "Securities Arbitration - Training the Litigant," American Arbitration Association (April 1994).

  • Faculty, "Statute of Limitations for Section 10(b) Actions and the SROS' Eligibility Rule," Fourth Annual New England Securities Conference, Bar Associations of Massachusetts, Connecticut, Maine, New Hampshire and Vermont (June 1994).

  • Co-chair and faculty, "A Practical Skills Course in Commercial Arbitration," Massachusetts Continuing Legal Education, Inc. (October 1994).

  • Faculty, "Arbitrating Securities Industry Disputes," Massachusetts Continuing Legal Education, Inc. (July 1995 and August 1996).

  • Faculty, "Massachusetts Superior Court Civil Practice," Massachusetts Continuing Legal Education, Inc. (June 1997).

  • Co-chair and faculty, "Handling an SEC Investigation," Massachusetts Continuing Legal Education, Inc. (August 1997).

  • Faculty, "A Lawyer's Tips for Investing Wisely," U.S. Securities and Exchange Commission and the Boston Bar Association Business Section Securities Law Committee (March 1998).

  • Faculty, "Developments in Intellectual Property Law: Developments in Non-Competition Law," Massachusetts Software Council Legal Issues Series (April 1998).

  • Co-chair and faculty, "Shareholder Litigation," Massachusetts Continuing Legal Education, Inc. (April 1998 and July 1999).

  • Faculty, "Non-Competition Agreements," Boston Bar Association, 12th Annual Spotlight on Labor & Employment Law (December 1998).

  • Co-chair and faculty, "Trade Secrets," Boston Patent Law Association (May 1999).

  • Co-chair and faculty, "Covenants Not to Compete in Massachusetts," Lorman Education Services (September 1999).

  • Faculty, "Arbitration Practice and Update 2002, Opportunities and Risks," Massachusetts Continuing Legal Education, Inc. (October 2002).

  • Chair and faculty, "Developing, Using and Dismantling Expert Testimony," Massachusetts Continuing Legal Education, Inc. (February 2003).

  • Co-chair and faculty, "Enforcing and Defending Against Non-Competes: Strategies in the Down Economy," Massachusetts Continuing Legal Education, Inc. (April 2003).

  • Faculty, "A Securities Litigator's Tour for Financial Planners Through the Maze of Regulation, Arbitration and Litigation: The Domino Effect of a Customer Complaint," The Financial Planning Association of Massachusetts Regional Conference (May 2003).

  • Faculty, "Fiduciary Liability: Professionals on the Firing Line," Professional Liability Underwriting Society, New England Chapter (January 2004).

  • Faculty, "Drafting Litigation Documents Trial Advocacy Workshop: Results - Drafting for Civil Litigation," Massachusetts Continuing Legal Education, Inc. (June 2005)

  • Co-chair and faculty, "Representing Directors, Officers and Employees in Securities Cases," Massachusetts Continuing Legal Education, Inc. (April 2005).

  • Faculty, MCLE Civil and Criminal Trial Advocacy Workshop, Massachusetts Continuing Legal Education, Inc. (July 2005).

  • Faculty, "Drafting Litigation Documents Wordshop", Massachusetts Continuing Legal Education, Inc. (June 2006).

  • Faculty, " Financial Planner Liability: A Comprehensive Discussion Including the 'F' Word, " Financial Planning Association ' s Annual Conference and Exposition, (October, 2006). 
  • Moderator and faculty, "Committing Your Company to Arbitration: Benefits and Pitfalls," New England Legal Foundation (May 2007).  

  • Co-chair and faculty, "Representing Family Businesses in Disputes," Massachusetts Continuing Legal Education, Inc. (May 2007).

  • Faculty, "Drafting Litigation Documents Workshop," Massachusetts Continuing Legal Education, Inc. (June 2007).

  • Faculty, International Quality & Productivity Center, Pre-Conference Workshop: "Identifying and Preserving Potentially Relevant Data Sources At The Onset Of A Legal Matter Or Internal Investigation," 2nd E-Discovery: Pharma, Biotech and Medical Devices (June 2007).

  • Faculty, "Drafting Litigation Documents Workshop 2008," Massachusetts Continuing Legal Education, Inc. (June 2008).

  • Faculty, "Taking Depositions Workshop," Massachusetts Continuing Legal Education, Inc. (October 2008).

  • Faculty, "Navigating the Madoff Recovery Maze," Massachusetts Continuing Legal Education, Inc. (March 2009).

  • Faculty, "Taking Depositions Workshop," Massachusetts Continuing Legal Education, Inc. (March 2009).

  • Faculty, "Managing e-Discovery During Internal Investigations," Fios, Inc. (March 2009).

  • Faculty, "Electronic Discovery & Evidence, Evolving issues in practice and procedure," Massachusetts Continuing Legal Education, Inc. (May 2009).

  • Co-chair and Faculty, “E-Discovery for In-House Counsel,” Massachusetts Continuing Legal Education, Inc. (February 2010).

  • Faculty, “E-Discovery Update: The Latest Cases, Trends and Tips for Civil and Criminal Trial Lawyers,” Massachusetts Lawyers Weekly (March 2010).


PUBLICATIONS

Books
  • Contributing author, Ethical Lawyering in Massachusetts (Co-author, Chapter 20, "Ethical Issues for Civil Litigators"), Massachusetts Continuing Legal Education, Inc., c. 1992, 1995, 1997, 2002.

  • Contributor, "Traps for the Unwary," Massachusetts Bar association, 4th Edition, c. 1995, 1999, 2004.

  • Contributing author, Massachusetts Superior Court Civil Practice Manual (Co-author, Chapter 2, Part I, "Written Advocacy in the Superior Court"), Massachusetts Continuing Legal Education, Inc., c. 1997, 2002.

  • Co-Author, Massachusetts E-Discovery and Evidence: Preservation Through Trial, Massachusetts Continuing Legal Education, Inc., c. 2009.


Articles

Author

  • "How to Recover Use and Occupancy Fees," 8 Massachusetts Lawyers Weekly, 1980.

  • "A Method for Organizing Your Civil Litigation Files,"Trial Diplomacy Journal, Spring 1980.

  • "The Unreliability of Children's Expression of Preference in Domestic Relations Litigation: A Legal Approach," 69 Massachusetts Law Review 10, March 1984.

  • "How to Prepare a Plaintiff's Trial Notebook,"Trial Diplomacy Journal, Winter 1984.

  • "Standard Paragraphs in Interrogatories (with Forms)," 28 The Practical Lawyer 51, 1982, reprinted in The Practical Lawyer's Manual on Pre-Trial Preparation No. 2, 1986.
  • "Counsel, Client, Court and Costs: Perspective," Boston Business Journal, Vol. 10, No. 25, p. 10, August 13, 1990.
  • "Federal Civil Practice: Analysis of Local Rules Changes," 19 Massachusetts Lawyers Weekly 613, December 17, 1990.
  • "The Federal Court's New Expense and Delay Reduction Plan in Review," Massachusetts Bar Association Civil Litigation Section News, Vol. XIV, No. 3, April 1992.
  • "The Importance of Using an Outside Expert in Litigation,"
  • Grant Thornton Securities & Commodities Highlights, Vol. 4, No. 2, Spring 1994.
  • "The Work Product Doctrine in the Corporate Setting," Massachusetts Bar Association Civil Litigation Section News, Vol. 16, No. 3, May 1994.
  • "Commercial Arbitration: Selecting the Arbitrators and Presenting the Case," 6 Massachusetts Continuing Legal Education: The Best of MCLE Journal 2, February 1995.

Co-Author

  • "The Massachusetts Wrongful Death Act," 13 Massachusetts Lawyers Weekly 9878, April 15, 1985.

  • "Focus on the Statute of Frauds - Section 4: A Pitfall for the Unwary Creditor," 18 Massachusetts Lawyers Weekly 5, August 13, 1990.

  • "Directors' and Officers' Liability Insurance," 19 Massachusetts Lawyers Weekly 2141, August 5, 1991.

  • "The Accountant's Role in Presenting a Company's Financial Statements," 22 Massachusetts Lawyers Weekly 2179, June 27, 1994.

  • "Q&A: Enforcing Non-Competition Agreements," Boston Business Journal, Vol. 18, No. 31, p.31, September 11-17, 1998.

  • "The Enforceability of Non-Compete Agreements," 27 Massachusetts Lawyers Weekly 159, September 28, 1998.

  • "Focus on Employment Law: Sufficient Consideration for Non-Compete Agreements," 29 Massachusetts Lawyers Weekly 1135, January 22, 2001.

  • "Tenth Circuit Holding: NASD Arbitration Panel Can Dismiss A Claim Without Discovery or A Hearing," Securities Arbitration Commentator, Vol. XII, No. 2 & 3, pp 6-7, December 2001.

  • "Inevitable Disclosure Doctrine in Massachusetts," 30 Massachusetts Lawyers Weekly 3761, December 24, 2001.

  • "Conflicts of Interests Give Rise to New Regs, The Boston Law Tribune, Vol.2, No. 6, p.19, June 2002.

  • "Down Economy Makes Conflict Resolution More Vital, " 13 Mass High Tech, October 14-20, 2002.

  • "Fiduciary Liability of Professionals Under ERISA," 32 Massachusetts Lawyers Weekly 1567, March 11, 2004 (first installment)

  • "Fiduciary Liability Of Professionals Under ERISA," Massachusetts Lawyers Weekly, March 22, 2004 (second installment)

  • "Transferring the Departing Broker's Customer Accounts: A Massachusetts Judge's Application of NASD Rule 2110-7," Securities Arbitration Commentator, Vol. 2005, No. 6.

  • "Government Manipulation of Regulatory and Criminal Investigations: A New Judicial Willingness to Scrutinize," Securities Litigation Journal, American Bar Association, Section of Litigation, Securities Litigation Committee, Vol. 16, No.4 (Summer 2000).

  • "Avoiding Pitfalls When Conducting Corporate Internal Investigations," White Collar Crime Report, The Bureau of National Affairs, Inc., Vol. 1, No. 24, December 22, 2006.

Case Comments

  • "Criminal Law - Forfeiture of Automobile Subject to Security Interest," 67Massachusetts Law Review 43, Winter 1982.

  • "Civil Procedure - Effect of Failure of Party to Respond to Request for Admission of Facts," 68 Massachusetts Law Review 89, June 1983.

  • "Tort Law - Breach of Fiduciary Duty - Employees' Establishment of Competing Business - Measure of Damages," 69 Massachusetts Law Review 93, June 1984.

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Address: 900 Cummings Center, Suite 207-V Beverly, Massachusetts 01915 Phone: (617) 345-0010 Fax: (617) 345-0009