Andrew M. Buttaro

Andrew has litigated shareholder disputes across jurisdictions, including Delaware, and has represented entities ranging from Fortune 500 corporations to closely held private companies. In his First Amendment practice, he addresses cutting-edge issues under different states’ anti-SLAPP laws.

In all these matters, Andrew leverages his oral-advocacy abilities and writing skillset, and courts and clients alike have praised Andrew’s briefing style as engaging and effective. In both the trial and appellate courts, Andrew’s vigorous and strategic advocacy has—on multiple occasions—resolved litigation in its early stages, with opposing parties consenting to voluntary dismissal or other agreed relief.

He teaches an advanced legal writing course at Boston College Law School focused on appellate litigation.

Appellate

• Kinzer v. Whole Foods Market, No. 22-1064 (1st Cir. 2024) – Obtained dismissal of appeal of discovery issue due to lack of appellate jurisdiction, rebutting party and amicus arguments for review
• Isaly v. Boston Globe Media Partners, LLC, No. 23-67 (2d Cir. 2023) – Secured affirmance of dismissal of defamation action on res judicata grounds
• Isaly v. Garde, Nos. 2022-03687 & 2022-05657 (1st Dep’t 2023) – Secured affirmance of dismissal of defamation action and defeated subsequent requests for leave to appeal and reconsideration, both before the intermediate appellate court and the New York Court of Appeals
• Blankenship v. Boston Globe Media Partners, LLC, No. 22-1326 (4th Cir. 2023) – Secured affirmance of summary judgment for newspaper defendant, defeating defamation and related claims brought by a former candidate for public office
• Talley v. Penn. Department of Corrections, No. 20-1278 (3d Cir. 2023) – As court-appointed amicus counsel, briefed and argued that prisoner should be able to proceed in forma pauperis, with the court granting that relief and expressing its gratitude for what it called a “wonderful” and “well-written brief”
• Ohio Public Employees Retirement System v. Federal Home Loan Mortgage Corp., No. 20-4082 (6th Cir. 2023) – Argued that the court lacked appellate jurisdiction to review a manufactured final judgment in case originally brought as a securities class action, obtaining reversal on this ground
• Frith v. Whole Foods Market, Inc., No. 21-1171 (1st Cir. 2022) – Secured affirmance of dismissal of Title VII claims in highly publicized case
• Talley v. Wetzel, No. 19-3055 (3d Cir. 2021) – As court-appointed amicus counsel, briefed and argued unsettled statutory-interpretation question, leading the court to adopt amicus position in a precedential decision and commend appointed counsel’s “superb advocacy” of the issue
• Ellis v. Bank of New York Mellon Corp., No. 20-2061 (3d Cir. 2021) – Defended grant of summary judgment in high-profile employment case
• Nyambura v. Barr, No. 19-70865 (9th Cir. 2020) – Won an unopposed remand to the Board of Immigration Appeals for pro bono client, with the government declining to oppose petitioner’s opening brief and instead agreeing to requested relief
• Cambridge Investments LLC v. Prophecy Asset Mgmt., LP, No. 2019-03353 (1st Dep’t 2020) – Secured affirmance of dismissal of claims of breach of contract and breach of the implied covenant of good faith and fair dealing, defeating subsequent requests for reconsideration and leave to appeal to state’s highest court
• Jones v. Zatecky, 917 F.3d 578 (7th Cir. 2019) – Briefed and argued Sixth Amendment case, leading appeals court to issue the rare relief of granting a conditional writ of habeas corpus because the defendant was deprived of effective assistance of trial counsel in state-court proceeding
• Bell v. Pulmosan Safety Equip. Corp., 906 F.3d 711 (8th Cir. 2018) – Briefed and argued case, leading court to reverse default judgment because service of process was improper and district court lacked jurisdiction

Trial

• Bulldog Investors LLP v. First Trust Advisors L.P., No. 1:23-cv-11034 (D. Mass. 2024) – Secured a series of victories for a fund advisor and trustees, with the activist investors voluntarily dismissing their complaint rather than opposing dismissal, and defeated the activist investors’ later requests for a fee award of millions of dollars and post-dismissal discovery
• Isaly v. Garde, No. 160699-2018 (Sup. Ct. N.Y. Cnty. 2024) – Obtained dismissal of defamation action and prevailed on argument that the reporter defendant was entitled to fees and costs under New York’s amended anti-SLAPP law
• Wolf v. Altmann, No. 4:22-cv-00397 (E.D. Mo. 2023) – Obtained denial of motion to strike and partial grant of motion to dismiss counterclaims in declaratory-judgment action
• Isaly v. Boston Globe Media Partners, LLC, No. 122-cv-02254 (S.D.N.Y. 2023) – Defeated request for remand following removal of defamation action to federal court
• Chan v. ArcSoft, Inc., No. 4:19-cv-05836 (N.D. Cal. 2021) – Achieved dismissal of securities claims (and related claims) brought by shareholder plaintiffs against outside director of company, a private-equity principal, even as the court permitted other claims against other defendants to proceed to trial
• In re Synchronoss Technologies, Inc. Derivative Litig., No. 3:17-cv-07173 (D.N.J. 2021) – Prevailed in dismissing shareholder claims for breach of fiduciary duty on the ground that the plaintiffs failed to establish demand futility
• In re Teva Sec. Litig., No. 3:17-CV-558 (D. Conn. Jan. 22, 2021) – Prevailed on motion to dismiss direct-action claims that fell outside of Exchange Act’s statute of repose, defeating subsequent motion for reconsideration
• DSB Holdings, LLC v. Pioneer Inv. Mgmt., No. 1:19-cv-10972 (S.D.N.Y. 2020) – Defeated breach-of-contract claim as untimely under statute of repose, with the plaintiff voluntarily dismissing the claim rather than opposing motion to dismiss