One Federal St.\\Boston, MA 02110-1726\\United States
Andy is an experienced trial lawyer who represents clients—as plaintiffs or defendants—in a broad range of business disputes and criminal matters where clients seek a pragmatic lawyer whose thoroughness, skills, and experience lead to favorable results, whether through negotiation, arbitration, or trial. Andy’s broad experience, his willingness to take cases to trial, and his proven trial skills substantially improve the end result. Andy has handled countless injunctions and evidentiary hearings, tried more than 50 cases in state and federal courts and in arbitration, and has handled dozens of appeals. When he investigates, assesses, and builds cases, Andy brings to bear his substantial experience as a civil trial attorney for the Department of Justice, as a federal prosecutor, and as a commercial trial lawyer.
Andy handles cases in a broad range of substantive areas, including breach of contract, broken deals, business torts, unfair competition, energy matters, partnership and investor disputes, project financing, project-development, borrower/lender disputes, as well as construction, insurance, and employment disputes. Andy also represents individuals and companies in government investigations and white collar matters.
Andy serves a broad range of clients, including individual officers and directors, domestic and international corporations, banks, manufacturers, retailers, LLCs, partnerships, individual partners, and joint venturers.
After clerking for Chief Judge Royce Lamberth in federal court in Washington, D.C., Andy worked as a trial lawyer for the Department of Justice, representing clients in courts nationwide, including executive branch officials, the FBI, CIA, SBA, HUD, HHS, and other agencies. As a federal prosecutor and in private practice, he has investigated and prosecuted or defended numerous cases at trial and on appeal across a broad range of criminal and regulatory laws.
Before joining Morgan Lewis, Andy was a partner in the commercial litigation and antitrust practice at another international law firm.
Won a contentious $126 million AAA arbitration for limited partners against general partner in a complex contract dispute over rights to cash distributions from a power plant investment. The GP had, for several years, used its managerial control to circumvent the LP rights and manipulate distributions.
Won all aspects of a major case for a bank against a borrower/real estate developer of a luxury condominium building in Manhattan, including the defeat of the developer’s motion for a TRO, an expedited trial, an appeal to the Second Circuit, remand to the trial court to recover all fees and costs, and post-judgment show-cause proceedings to collect all fees.
Won summary judgment for a major sports franchise in a contract and business tort dispute against claims by world’s second largest brewing company that it had reached a multi-year, multi-million dollar exclusive sponsorship agreement.
Won a $25 million AAA arbitration for investors/operators of an energy plant against a utility in a Power Purchase Agreement dispute over energy production. This included court wins to compel arbitration and enjoin the utility from using rate-setting proceedings to evade the PPA terms. Recovered all attorneys’ fees and costs.
Won summary judgment in US bankruptcy court for a bank against a borrower/real estate developer seeking $28 million in damages based on alleged breach of a loan agreement. This judgment was upheld on appeal to the District Court and the Second Circuit.
Won a $30 million settlement for a major bank against the Lehman Brothers bankruptcy estate for the latter’s improper substitution of sub-par real estate assets as collateral for a large financing loan.
Representing a major sports franchise in contract dispute with a spirits company regarding negotiations over a multi-year, multi-million dollar sponsorship.
Won a TRO and a favorable settlement for a real estate development firm enforcing First Amendment rights against a town in a contract dispute over billboards.
Won a contentious lawsuit that included two jury trials and a $13.5 million judgment for a paper manufacturer in a dispute involving breach of contract, business torts, and extensive scientific evidence on causation and damages arising out of the construction and operation of a $100 million manufacturing plant. The verdict was upheld on appeal to the Second Circuit.
Won JAMS award for a partnership in arbitration proving, among other things, that the defendant and its outside counsel collaborated with an “independent” rate consultant to overcharge the client by $1 million per year on a 40-year contract
Won a $28 million AAA arbitration award against a Lloyds of London insurance syndicate on behalf of an international construction management firm in connection with performance guarantees concerning a $110 million facility in Washington state.
Successfully defended a joint venture of two international engineering and construction firms against a $150 million fraud lawsuit regarding the $13 billion “Big Dig” project in Boston.
Won, and successfully defended on appeal, a preliminary injunction that barred a strike by railroad workers that would have shut down the Boston metro area commuter rail system.
Won a AAA arbitration for a construction management firm in an arbitration brought by a subcontractor seeking an $8 million recovery on a $120 million construction project.
Represented an investor and limited partners in a successful effort to replace a defaulting general partner in power plant and in efforts to monetize power plant assets.
Successfully handled potential disputes for a Fortune 100 engineering company against project owner and principal equipment supplier concerning the construction of two power projects totaling more than $1 billion.
In AAA arbitration proceedings, obtained a 100% recovery from a reneging member of a Lloyds of London insurance syndicate member in Australia that had tried to escape paying its share of a $24 million settlement.
Successfully defended joint-venture contractors in state court action by contractor that alleged delays and breach of contract relating to turnkey power project.
Served as special trial counsel to successfully recover $2 million after trial for a manufacturer challenging a town’s discriminatory tax assessments.
Defended Fortune 100 bank against lender liability claims of borrower, reaching favorable settlement with borrower and senior lender
Government Investigations and White Collar Representations
Represented numerous companies responding to state and federal government investigations, including subpoenas for documents, witnesses, and grand jury testimony.
Successfully represented manufacturing company in investigation by and settlement with the PBGC regarding alleged pension improprieties in connection with sale of company.
Conducted extensive internal investigation For Fortune 50 pharmaceutical firm into alleged marketing fraud and abuse regarding compliance with federal/state laws and internal policies.
Conducted internal investigation of criminal activity of senior employee and advised company regarding related matters concerning the company’s accounting and financial records
For pharmaceutical firm, conducted extensive internal audit into three US market drugs to assess compliance with federal/state laws and internal corporate policies regarding marketing.
Conducted internal investigation for firm to determine adequacy of response by internal and external counsel to extensive regulatory inquiry into marketing activities.
Conducted internal investigation and responded to attorney-general and regulatory subpoenas regarding mutual fund late-trading and market-timing matters.
Conducted internal investigation for national energy firm into adequacy of and potential wrongdoing (spoliation) concerning US Department of Justice grand jury subpoena.
Awards and Affiliations
Boston Bar Association
Federal Bar Association
American Bar Association
Community Service/Pro Bono
Advise Make-A-Wish Foundation of Massachusetts and Rhode Island on various legal matters
Obtained dismissal of international parental kidnapping charges for a mother of two infants
Recovered substantial life insurance and pension benefits for indigent, disabled client (Down Syndrome) against fraudulent efforts by step-mother to misappropriate them
Successfully defended charity that provides assistance to families of seriously ill patients who come to Boston for medical treatment against claims arising out of fundraising efforts
Successfully represented indigent, disabled elder in lawsuit by a relative and a bank to force the partition and foreclosure sale of her home
Represented small Massachusetts town against claims by investor in development loan
Committee Chairman of Boy Scout Troop 1 in Dover, MA
District of Columbia
US Court of Appeals for the First Circuit
US District Court for the District of Massachusetts
US Supreme Court
Clerkship to the US District Court for the District of Columbia (1990 - 1991)
Georgetown University, 1987, Bachelor of Arts
Georgetown University Law Center, 1990, Juris Doctor