Andrew M. Buttaro

Appellate

• Frith v. Whole Foods Mkt., Inc., 38 F.4th 263 (1st Cir. 2022) – Secured affirmance of dismissal of Title VII claims in highly publicized case.
• Talley v. Wetzel, 15 F.4th 275 (3d Cir. 2021) – As court-appointed amicus counsel, briefed and argued unsettled statutory-interpretation question, leading Court to adopt amicus position and commend “superb advocacy” of the issue.
• Ellis v. Bank of New York Mellon Corp., 837 F. App’x 940 (3d Cir. 2021) – Successfully 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 the petitioner’s opening brief and instead agreeing to requested relief.
• Cambridge Investments LLC v. Prophecy Asset Mgmt., LP, 188 A.D.3d 521 (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, protecting affirmance against reconsideration and motion for leave to appeal to state’s highest court.
• Jones v. Zatecky, 917 F.3d 578 (7th Cir. 2019) – Briefed and argued case, leading appeals court to grant conditional writ of habeas corpus because 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 the district court lacked jurisdiction.

Trial

• Chan v. ArcSoft, Inc., No. 4:19-cv-05836 (N.D. Cal. 2021) – Obtained dismissal of securities and related claims brought by shareholder plaintiffs against outside director of company, a private-equity principal.
• In re Synchronoss Techs., Inc. Sec. Litig., No. 3:17-cv-07173, 2021 WL 1712394, at *1 (D.N.J. Apr. 30, 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, 2021 WL 231130, at *1 (D. Conn. Jan. 22, 2021), reconsideration denied 2021 WL 1197805 (D. Conn. Mar. 30, 2021) – Prevailed on motion to dismiss direct-action claims that fell outside of Exchange Act’s five-year 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) – Successfully moved to dismiss breach-of-contract claim as untimely under statute of repose, leading plaintiff to voluntarily dismiss claim rather than oppose motion.