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Andrew S. Gallinaro

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Andrew Gallinaro’s specialty is the truly complex commercial case.  While the breadth of Andrew’s experience encompasses a broad spectrum of commercial specialties and sub-specialties, the common core of his practice is his ability to make sense of, and make simple, his clients’ most complicated cases leading to exceptional results. 

Andrew Gallinaro’s specialty is the truly complex commercial case.  While the breadth of Andrew’s experience encompasses a broad spectrum of commercial specialties and sub-specialties, the common core of his practice is his ability to make sense of, and make simple, his clients’ most complicated cases leading to exceptional results. 

For example, Andrew recently was brought into an ongoing litigation involving dozens of defendants against whom a plaintiff sought to claw back a $14 million judgment by claiming priority to the litigation proceeds based on a rarely-cited provision of the Uniform Commercial Code.  Although at the initial pleading stage the existing defendants unsuccessfully argued that the plaintiff’s cause of action failed as a matter of law, Andrew dug deeper to unearth winning arguments that had been overlooked by the parties and was able to obtain a complete dismissal of plaintiff’s claims on summary judgment. 

Similarly, acting on behalf of a court-appointed receiver seeking to recover funds to compensate victims of a massive national consumer fraud scheme, Andrew developed a compelling case against a significant regional bank, which garnered the attention of the Office of the Comptroller of the Currency (OCC).  Armed with the record developed in the receivership case, the OCC forced the bank to create a victim fund in excess of $150 million, the distribution of which was overseen by the receiver with Andrew’s assistance to achieve a nearly 100% rate of recovery for victims. 

Andrew’s written and oral advocacy skills have won praise from judges and colleagues, and he has been recognized as a “Rising Star” in Pennsylvania by Super Lawyers Magazine since 2012.  Andrew’s experience spans a wide variety of commercial and civil litigation including class actions, professional liability, fiduciary litigation, receiverships, law firm break ups and partnership disputes, as well as restrictive covenants, trade secrets and unfair competition matters. 

representative matters

• Andrew is a key member of the firm’s Receivership Litigation Practice Group and has been involved in all of the firm’s significant receivership work since joining the firm in 2006, including the representation of receivers appointed in SEC, FTC and U.S. Attorney initiated enforcement actions.  Andrew has worked closely with federal law enforcement agencies and court-appointed forensic accountants to locate and recover assets for victims of multiple complex frauds on a national scale, and has participated in successful negotiations and litigations to recover millions of dollars in assets to benefit victims of financial and consumer fraud.

• Andrew defended a publicly traded insurance company together with its officers and directors in multiple shareholder class actions filed in state and federal courts seeking to enjoin the company’s acquisition in a merger transaction valued in excess of $220 million.  Andrew’s instrumental contributions to the defense team helped bring about a highly favorable global settlement that permitted the merger to close on schedule and without modification of the terms challenged in the lawsuits.

• Andrew defended former executors of an estate worth in excess of $60 million in one of the largest estate litigations in the history of Pennsylvania, which took more than nine years to litigate and involved more than 70 depositions, an extensive trial and multiple appeals.  The vast majority of the claims lodged against the executors were dismissed at trial and most of the adverse findings against the former executors were reversed on appeal.

• Andrew has defended Am Law 100 as well as regional law firms and accounting firms in professional malpractice cases.  Andrew also specializes in law firm break-ups and internal partnership disputes, and has successfully litigated cases concerning complex partnership compensation and valuation issues.  Andrew also has significant experience guiding clients through the myriad ethical and professional issues that arise when lawyers part ways. 

• Andrew has been involved in the defense of Fortune 500 companies and major pharmaceutical manufacturers in products liability cases.  Andrew’s experience includes the defense of a major manufacturer of consumer products in a multi-state class action alleging breach of warranty and unfair trade practices, which resulted in a favorable settlement following the court’s significant narrowing of issues based on targeted and effective motion practice.

• Andrew has had significant involvement in the firm’s Restrictive Covenant, Trade Secrets and Unfair Competition practice group.  Andrew’s involvement in the firm’s cases is primarily targeted toward matters that have progressed to litigation and he has defended executives in multiple restrictive covenant cases involving medical device manufacturers. 

speaking engagements and publications

Co-Author, "Impact of 'Daimler' on Registering as a Foreign Corporation", The Legal Intelligencer, September 2, 2015 (http://www.conradobrien.com/news/impact-of-daimler-on-registering-as-foreign-corporation)

Red Flags:  The Moving Target of ‘Notice’ in Fraudulent Transfer and Clawback Litigation, Philadelphia Area Chapter of the Association of Certified Fraud Examiners Meeting (April 2015)