Andrew is a Member in the firm's Employment, Labor & Benefits Section in the New York office.
Andrew has extensive experience handling executive compensation issues in mergers and acquisitions, venture capital investments, and private equity financings. He also regularly represents chief executive officers of both publicly and privately held companies and management teams in connection with leveraged buyouts by private equity sponsors, and in their negotiations with compensation committees and boards of directors. In addition, Andrew regularly represents both companies and senior executives in connection with their employment and compensation arrangements.
In addition to his transactional experience, Andrew also focuses his practice on the representation of management in litigating federal and state labor, employment discrimination, trade secret, compensation, and restrictive covenant claims. He has successfully argued before both federal and state appellate courts. Andrew advises, represents, and trains clients with respect to the full range of employment and labor issues, including sexual harassment prevention, personnel policies, employee discipline, layoffs, equity and compensation arrangements, independent contractor issues, disability and leave matters, employee handbooks, and a broad range of collective bargaining matters.
Recent Representative Transactional Matters
· Represented a large private equity sponsor in the negotiation and documentation of the employment and equity agreements with management in connection with its purchase of an industrial materials manufacturer.
· Represented a large private equity sponsor in the negotiation and documentation of the employment and equity agreements with management in connection with its purchase of a marketing information services company.
· Represented the chief executive officer and other senior members of management of a large health care provider in the negotiation and documentation of the employment and equity agreements in connection with its purchase by a large private equity sponsor.
· Represented Julian Day, the former chief executive officer of Kmart, in his negotiations with respect to his employment, emergence bonus, and equity agreements in connection with Kmart's restructuring.
· Represented Peter Lynch, the chief executive officer of Winn-Dixie, in his negotiations with respect to his employment, emergence bonus, and equity agreements in connection with Winn-Dixie's restructuring.
· Represented Robert May, the former chief executive officer of Calpine Corporation, in his negotiations with respect to his employment, emergence bonus, and equity agreements in connection with Calpine's restructuring.
Recent Representative Litigation Matters
· Successfully represented a former senior executive of a large publicly traded media company in a seven-day arbitration in connection with a change of control agreement.
· Successfully represented a large foreign financial institution before the New York State Appellate Division in connection with a sexual harassment and discrimination suit.
· Successfully appeared before the U.S. Second Circuit on behalf of a foreign governmental entity in a case of first impression in connection with a sexual harassment suit.
· Successfully represented a digital media company in defending against a temporary injunction arising out of the hiring of certain key salespeople.
· Successfully represented a recruiting firm in defending a temporary injunction arising out of the establishment of a competing business.
In 2007, 2008, and 2010, Andrew was named a New York Super Lawyer. In 2011, he was listed as a leader in his field by Chambers USA: America's Leading Lawyers for Business.
Andrew received an A.B., with honors, class distinction, from the University of Michigan and his J.D. from Fordham University School of Law. He is admitted to practice in New York.