David Quinn Gacioch is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm's Boston office. He focuses his practice in the areas of white-collar criminal defense and government investigations. Dave also has significant experience in product liability defense, general commercial litigation/arbitration, and appeals.
Dave’s recent experience includes the following:
Advising a major U.S. health care company in connection with ongoing compliance efforts as well as representing it in connection with a four-year, multifaceted federal investigation into alleged kickbacks and false claims for reimbursement
Convincing federal prosecutors not to take civil or criminal action against another major U.S. health care company based on whistleblower allegations of falsified Medicare and Medicaid billing documentation
Serving as trial and appellate counsel for an information technology company in a multimillion dollar breach of contract, fraud and unfair business practices litigation against one of its vendors
Defending a leading global medical products manufacturer at the London Court of International Arbitration and a Turkish entrepreneur at the ICC International Court of Arbitration, both against multimillion dollar breach of contract and related claims brought by business partners
Serving as national coordinating counsel for two building products manufacturers with respect to asbestos product liability claims
Securing dismissal of misrepresentation claims brought against a major U.S. pharmaceutical company by a former employee in connection with a federal anti-kickback statute prosecution
Representing a global private equity fund in appealing an arbitration award secured against it by former investors
Representing various individuals who were targets or witnesses in federal grand jury investigations or U.S. Securities and Exchange Commission staff investigations
While at McDermott, Dave has also performed extensive pro bono work, including:
Successfully defending on appeal an order of the U.S. District Court for the District of Massachusetts directing the Massachusetts Department of Corrections to provide inmates with access to weekly religious services. Crawford v. Clarke, 578 F.3d 39 (1st Cir. 2009)
Obtaining compensation from the Commonwealth of Massachusetts for an individual who had served a 40-month prison sentence in the mid-1980s for an armed robbery that he did not actually commit
Securing a below-Guidelines sentence for an indigent federal narcotics defendant
From 2005 to 2006, Dave served as law clerk to the Honorable Ernest C. Torres, Chief Judge of the U.S. District Court for the District of Rhode Island. During his term, Dave assisted Chief Judge Torres in presiding over 10 trials and in drafting decisions on a variety of subjects, including two major First Amendment challenges to the constitutionality of state and local laws. Among the seven civil and criminal jury trials with which Dave assisted Chief Judge Torres were the federal income tax evasion prosecution of a former reality television show winner and the mail fraud/public corruption prosecution of former executives of a major Rhode Island medical center.
While at Cornell Law School, Dave served as chancellor of the moot court board, lead counsel of the trial advocacy team, and a teaching assistant in the comprehensive legal research and writing instruction program. Upon graduation, he received Cornell University's Baccalaureate Service Award for academic excellence and contributions to the community, based upon his service as a volunteer firefighter and emergency medical technician throughout his law school career. Dave continues to serve as a volunteer ski patroller at a New Hampshire ski area, providing rescue and emergency medical care services to sick and injured patrons.
Dave is admitted to practice in the courts of the Commonwealth of Massachusetts as well as the U.S. District Court for the District of Massachusetts. He is also admitted to practice before the U.S. Court of Appeals for the First Circuit. Dave is a member of the American Bar Association and the Boston Bar Association.