Brian Del Gatto Partner




Brian Del Gatto is a member of the firm’s Executive Committee and the regional managing partner of the Phoenix, Arizona, office.

As a key member of the firm’s Transportation, Cargo & Logistics practice, Brian’s core emphasis is on assisting surface transportation providers or users with all of their legal needs. Brian and his team handle such claims and cases in New York, Connecticut and many other U.S. jurisdictions, including numerous matters relating to the needs of Canadian clients. Brian also has significant experience in medical malpractice and health care, product liability and toxic tort matters, as well as general corporate litigation. He has successfully tried many high-exposure cases to favorable outcomes and has a number of reported appellate decisions.

Brian oversees the firm’s 24/7 emergency response team for catastrophic events and is a trusted advisor to many major insurers and self-insureds as their regional counsel or point of contact/alliance counsel for their litigation needs. Clients have come to rely on Brian for an immediate response to all legal issues that arise as well as for practical, creative and sound advice consistent with their unique business structure and philosophy. Understanding that each matter is extraordinarily important – even life changing – to the client, Brian gives them equal attention and strives for a resolution that will have the least impact on the client’s business.

Brian plays a unique role for a number of Canadian insurers and self-insured clients, serving as their relationship/ alliance point of contact with the firm and coordinating all of their matters with other Wilson Elser offices or affiliate counsel as needed. Such matters encompass the full scope of these clients’ legal needs throughout the United States.

View Brian's exemplar trial experience

Areas of Focus

Employment and Discrimination
Brian has extensive experience representing police officers in Section 1983 litigation involving claims of excessive force, false arrest and malicious prosecution. He also represents municipalities and their employees in the defense of discrimination, sexual harassment, retaliation and other types of employment law claims. Brian handles all phases of such litigation, including pleadings, discovery, motions, trials and appeals.

Transportation, Cargo and Logistics
Brian has experience with the full range of surface transportation matters, including bodily injury, employment, premises liability, contractual, product liability and regulatory matters. He has handled class actions in the transportation area, representing Fortune 500 companies as either national or local counsel. Often Brian is involved in transportation matters that emanate from Canada in his role as national or regional counsel for a number of Canada-based insurer and insured clients.

Brian is actively involved in numerous transportation industry organizations, currently serving as chairperson of the Transportation Lawyer’s Association’s Casualty Litigation Committee and a member of its executive board. He also is a member of The Trucking Industry Defense Association and its Canadian Relations Committee.

As the leader of the firm’s 24/7 emergency response team for catastrophic events, Brian has handled catastrophic transport and products liability claims, mobilizing a variety of experts to an incident scene to immediately preserve evidence and start building an appropriate defense.

Product Liability, Toxic Tort and Construction
Brian has extensive experience in product liability, toxic tort and construction matters. He has tried and reached favorable outcomes in such high-exposure cases in New York, Connecticut, Arizona and several other states. Many of his cases have involved transportation-related incidents such as fuel and hazardous spills from trucks and trains. Brian also has handled and tried asbestos cases for gasket and insulation companies in both federal and state courts.

Commercial Litigation
Brian handles a wide variety of complex corporate, commercial and general litigation cases on behalf of transportation companies, retailers, product manufacturers, financial institutions/life companies and health care providers in New York, Connecticut, Arizona and many other jurisdictions. Brian and his team represent these clients in employment disputes, premises liability, contractual disputes, regulatory and other matters.

Brian has assisted accounting firms of every type and size. He represents these firms and their individual practitioners in state and federal courts and before ethics committees of professional organizations and licensing boards.

Medical Malpractice & Health Care
Brian has represented nationally renowned physicians and premier teaching hospitals, as well as dentists, nurses, paramedics, podiatrists, radiologists, pathologists, counselors, social workers and other members of the allied health professions in addition to managed care organizations and privately run emergency rooms.