As the chair of the firm's Securities and Investment Professional Liability Practice Group, in addition to handling cases and securities clients, Andrew coordinates and oversees the activities of a dedicated group of lawyers throughout the firm's offices. Andrew has successfully represented investment firms, professionals, registered investment advisors, financial planners and insurance agents in matters involving business disputes, customer complaints, regulatory inquiries/investigations, mediations, arbitrations and litigation. He has significant experience representing clients in various forums including litigation, arbitration, mediation, internal investigations, regulatory examinations and investigations.
Andrew and his group members represent the interests of FINRA member broker-dealers, registered representatives, certified financial planners, RIAs, insurance agents and brokers, and other securities and insurance industry professionals throughout the United States. As well, he is called upon by investment firms to conduct investigations and conduct seminars and presentations on timely business and investment topics. This team also counsels and represents brokers and firms on employment issues and litigation.
Andrew's background includes licensure as an insurance agent in the states of Pennsylvania and New Jersey, licensure as a real estate agent in Pennsylvania, and licensed with various states and with FINRA as a Registered Representative. He has experience as a broker with FINRA and New York Stock Exchange member investment firms as well as an independent FINRA member broker-dealer.
In addition to his Series 63 and Series 7 licensure, he was licensed as an Associated Registered Investment Adviser. Andrew's work background also includes his position as Professional Liability Specialist with a major insurance company handling professional liability matters such as accountant malpractice, tax-shelter/limited partnership matters and miscellaneous professional liability litigation (directors and officers, legal malpractice, coverage).
As a lecturer and guest speaker, Andrew has made presentations for various organizations and broker-dealers in relation to securities business and practices, directors and officers, and investment related matters. He has also authored numerous articles for brokerage firms, the Delaware Valley Society of Financial Planners, Defense Digest, and other publications and organizations. He also serves as a securities arbitrator for FINRA and previously served on the Board of Directors for the Delaware Valley Society of the FPA, which services New Jersey, Delaware and Pennsylvania. He has served as outside counsel to the Delaware Valley Society of the FPA.
Andrew is a Certified Litigation Management Professional with the Claims and Litigation Management Alliance (CLM) and is an instructor in the CLM Claims College. He is also a member of the Professional Liability Underwriting Society (PLUS).
Andrew graduated from Mansfield University in 1980 and completed his juris doctor in 1987 at the University of Baltimore School of Law.
•Are Stock Brokers Fiduciaries? Depends on Who You Speak With - The Department of Labor Fiduciary Rule, 10th Annual Errors & Omissions Insurance ExecuSummit, June 7, 2016
•School of Professional Lines, CLM Annual Claims College, September 7-10, 2014
•Brokers and Financial Advisors Transitioning, Legal Obstacles and Issues, Featured Speaker, Financial Services Institute (FSI) National Conference, 2013
•The New FINRA Rules and the Effect on Future Claims, featured speaker, 6th Annual National E&O Insurance ExecuSummit, June 2012
•Mile High Compliance Workshop, Speaker, Denver, Colorado
•CE and Practice Management Conference, Featured Speaker, MML Investor Services, Inc., 2008
•Variable Annuity Due Diligence and Sales Practices: C.Y.A. Equity Index Annuities
•Compliance Boot Camp
•Selling and Servicing Senior Citizens
•Compliance Best Practices Boot Camp
•Best Practices Boot Camp: Tales from the Trenches...The Perspective of Outside Legal Counsel
•Investment Professionals Annual Firm Compliance Workshop
•Practice Management & Compliance Boot Camp 101...The Perspective of In-House and Outside Counsel
•Best Practices Boot Camp: Scared Straight! Tales from the Trenches
•The Basics and Recent Developments in the Financial Institution Arenas
•Mutual Fund Sales Practices
•Regulatory Environment and Overview
•Financial Institutions and Broker/Dealers; Claims and Underwriting in the USA
•Arbitration, Litigation & Compliance Management in the Financial Services Industry
•Tales From the Trenches and Perspectives of Outside Counsel: Investment Best Practices Securities 101
•Investments Professionals Best Practices Boot Camp 101
•Securities Arbitrator Training and Education
•Handling of Securities Claims
•Analyzing Securities Matters
•When Your Client Is No Longer Your Friend
•Customer Complaints and Regulatory Inquiries
• CYA Covering Your Assets, Surviving the Bear Market
•Mediating a Securities Case
•Business and Risk Management
•Various speaking engagements for broker-dealers, RIAs, FPAs representatives and other organizations
•Certified Litigation Management Professional with the Claims and Litigation Management Alliance (CLM)
• Selling Investments to and Advising Senior Citizens, Co-Author with Rachael Luken, Esquire
• Senior Citizens: Seller Be Warned Versus Buyer Beware!
• Agents Beware!
• Managing Client Expectations and Customer Complaints
• Investment Tidbits
• Bobbing, Weaving and Keeping Your Business Alive: The Ever Changing Regulatory Environment Rules
• Regulators Scrutinize Variable Annuity Sales and Switching, Co-Author with Adam Bronstein, Esq.
• Risk Management for the Professional Advisors: New Changes in the Tax Law
• Professional Liability Errors and Omissions Insurance: The Dilemma Financial Planners Insurance and... to 'Go Naked' or Cover Your Assets When Your Client Is No Longer Your Friend
• Regulators on the Prowl
• Ideas for Financial Planning, Investment and Insurance Professionals to Protect and Defend Against Customer Complaints, Regulatory Inquiries and Litigation
• Twelve Simple Ways for Investment and Insurance Professionals to Protect Themselves and Defend against Customer Complaints
• Securities Arbitration Program to Undergo Overhaul
•Various Articles, Pennsylvania Institute of CPA's Journal, Claim of the Month
Pro Bono Activities
•Volunteer, Philadelphia Distance Run
•Volunteer, Habitat for Humanity
Honors & Awards
•AV Preeminent by Martindale-Hubbell
The 2016 Martindale Hubbell rated attorney list is issued by Internet Brands, Inc. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
•Pennsylvania Super Lawyer, 2007
The 2016 Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Year Joined Organization
Five Marshall Dennehey Attorneys to Serve as Faculty at the CLMs 2016 Claims College
August 11, 2016
Attorneys James H. Cole, Andrew W. Davitt, Eric A. Fitzgerald, Edward J. McGinn, Jr. and Matthew S. Schorr, all shareholders at civil defense litigation firm Marshall Dennehey Warner Coleman & Goggin, will serve as faculty at the Claims and Litigation Management Alliance's (CLM) 2016 Claims...
Andrew Davitt Speaks at ExecuSummit Errors & Omissions Conference
June 16, 2016
Andrew W. Davitt, chair of the Securities and Investments Practice Group in the Philadelphia office of Marshall Dennehey Warner Coleman & Goggin, was a featured speaker at the 10th Annual Errors & Omissions Insurance ExecuSummit, held June 7 - 8 in Uncasville, CT. Mr. Davitt and fellow...
Five Marshall Dennehey Attorneys to Serve as Faculty at CLM Claims College
August 24, 2015
Attorneys James H. Cole, Andrew W. Davitt, Eric A. Fitzgerald, Edward J. McGinn, Jr. and Matthew S. Schorr, all shareholders at civil defense litigation firm Marshall Dennehey Warner Coleman & Goggin, will serve as faculty at the Claims and Litigation Management Alliance's (CLM) annual Claims...
Marshall Dennehey Attorneys to Serve as Faculty at CLMs 2014 Claims College
September 2, 2014
Marshall Dennehey shareholders Eric A. Fitzgerald, Andrew W. Davitt and Matthew S. Schorr will serve as faculty at the CLM's annual Claims College, to be held September 7-10, 2014, at the Philadelphia Marriott Downtown, in Philadelphia, Pennsylvania.Eric A. Fitzgerald, CPCU, CLU, will address the...
Legal Update for Securities
March 20, 2015
Recent Litigation VictoriesIn a recent FINRA arbitration, Stanley Abel v. Janney Montgomery Scott, FINRA Arbitration No. 14-00018, Sam Cohen (Philadelphia, PA) obtained a directed verdict on behalf of his clients, Janney Montgomery Scott LLC, and..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
On the Pulse...Securities and Investment Professional Liability Practice Group
Defense Digest Article
December 17, 2013
By Andrew W. Davitt, Esq. and Joel Wertman, Esq.*The Marshall Dennehey Securities and Investment Professional Liability Practice Group is devoted to handling virtually all litigation-related issues facing securities and investment professionals...., Defense Digest, Vol. 19, No. 4, December 2013Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...