People

Andrew Scott Dulberg

Counsel

Dulberg, Andrew Scott
Drew Dulberg has a diverse litigation practice with an emphasis on securities and financial services litigation and complex commercial disputes. Mr. Dulberg routinely defends corporations and their officers and directors in securities fraud class actions, derivative litigation, and mergers and acquisitions disputes. He has represented banks, financial service companies, and issuers of securities charged with violations of state and federal law and breaches of fiduciary duties.

Mr. Dulberg has extensive experience handling all phases of civil litigation. He has argued motions in state and federal courts, taken and defended depositions of fact and expert witnesses, coordinated electronic discovery, drafted successful dispositive motions, prepared witnesses for depositions and trials, and been a member of winning trial teams. Beyond the realm of litigation, he has secured positive outcomes for clients in arbitrations and mediations. He has also advised companies responding to investigations by the SEC, FINRA, and state securities regulators. 

In 2014, Mr. Dulberg served as a Special Assistant District Attorney in Middlesex County, Massachusetts, where he tried more than a dozen criminal cases to judges and juries. His pro bono practice is devoted to criminal defense, and Mr. Dulberg has achieved the exoneration of multiple convicted felons, including one death row inmate, based on their actual innocence.

Prior Experience

Prior to joining WilmerHale, Mr. Dulberg completed a clerkship with the Honorable Patti B. Saris of the United States District Court for the District of Massachusetts. During law school, Mr. Dulberg worked at the US Attorney’s Office for the Southern District of New York and at a small law firm in Manhattan, where he participated in class action lawsuits and federal civil rights cases. While in college, Mr. Dulberg worked at Commonwealth Financial Network producing marketing materials for financial advisors and high net worth clients seeking wealth management solutions. In previous jobs, Mr. Dulberg conducted market research for a multinational life sciences company, assisted an entrepreneur design a job-development program for blighted communities in rural America, and drafted the morning news for a local cable news network.

Recent Highlights

  • Secured appellate victory for biotechnology company when First Circuit affirmed dismissal of shareholder class action lawsuit (2017)
  • Obtained confirmation of arbitral award plus statutory interest following successful oral argument in Massachusetts Superior Court (2017)
  • Advised public company in response to shareholder demand alleging violation of SEC Rule 21F-17 relating to employee severance and confidentiality agreements (2017)
  • Second-chaired arbitration for financial technology company in high-stakes dispute with venture capital firm and prevailed on every claim, obtaining award of attorneys' fees and costs (2016) 
  • Achieved voluntary dismissal of litigation relating to investment in English football club (2016)
  • Advised company in connection with response to shareholder demand for books and records, successfully avoiding litigation (2016)
  • Obtained SEC closing letter and dismissal of shareholder class action lawsuit in District of Massachusetts alleging that biotechnology company and its CEO issued false and misleading statements about the timing of a clinical trial, resulting in a single-day 40% stock drop (2015)
  • Obtained dismissal of shareholder class action lawsuit in Southern District of New York alleging that medical device company and its CEO issued false and misleading statements regarding interactions with FDA and prospects for FDA approval, resulting in 50% stock drop (2015)
  • Achieved dismissal of class action litigation challenging client's $6.3 billion acquisition as breach of fiduciary duties in parallel proceedings in Florida state court and Delaware Chancery Court (2015)
  • Obtained dismissal of shareholder class action lawsuit in District of Massachusetts alleging that company and executives misrepresented the tax consequences of a transaction, resulting in a single-day 35% stock drop (2014)
  • Represented the Commonwealth of Massachusetts as Special Assistant District Attorney for Middlesex County, and served as lead trial counsel in 14 criminal cases (2014)
  • Exonerated client after 30 years on death row based on evidence of innocence (2014)
  • Obtained dismissal of shareholder class action lawsuit in District of Connecticut alleging that multi-level marketing company and executives issued false and misleading statements and orchestrated fraudulent scheme (2014)
  • Obtained dismissal of derivative litigation in District of Massachusetts relating to bank's foreign exchange trading business and exposure to mortgage-backed securities (2013)
  • Obtained dismissal of lawsuit challenging $2.8 billion leveraged buyout in Delaware Chancery Court (2013)
  • Successfully represented major pharmaceutical companies in Hatch-Waxman (ANDA) patent litigations, including judgment of non-invalidity following three-day bench trial (2013)
  • Obtained favorable resolutions following mediations relating to life insurance products (2012) and dispute between developer and architect (2011)
  • Exonerated convicted criminal based on DNA evidence (2011)
  • Defended a "Big 3" US auto manufacturer in arbitrations involving hundreds of rejected dealers arising out of historic bankruptcy proceedings (2010)

Publications & News

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September 3, 2014

WilmerHale Announces Post-Conviction DNA Testing Exonerates 30-Year Death Row Inmate

WilmerHale announced today that post-conviction DNA testing in a 30-year murder case exonerated Henry Lee McCollum, an inmate under sentence of death for a 1983 murder he did not commit.

May 6, 2013

2013 M&A Report

Our 2013 M&A Report offers a detailed review of, and outlook for, the global M&A market. Other highlights include a discussion of the challenges and benefits of selling your company in a “dual-track” IPO, a comparison of public and private acquisitions, an analysis of issues and opportunities in California M&A deals, and a review of takeover defenses adopted by public companies. It also takes a look at the facts of life in M&A deal litigation, and survey key terms  in sales of VC-backed companies.

May 6, 2013

Deal Litigation: The Facts of Life

An article written by Daniel Halston, Nolan Mitchell and Andrew Dulberg.

April 4, 2011

Delaware Corporate Law: Notable Developments in 2010

An article written by Daniel Halston, Timothy Perla and Andrew Dulberg, appearing in Securities Regulation & Law Report, 43 SRLR 734.

January 1, 2009

The Popcorn Lung Case Study: A Recipe for Regulation?

Written by Andrew Scott Dulberg, 33. N.Y.U. Rev. L. & Soc. Change 87 (2009).

Professional Activities

Mr. Dulberg is a member of the American Bar Association and the Boston Bar Association. He has served as co-chair of the firm's summer associate program, and an advisor to students participating in the Harvard Law School Problem Solving Workshop.

Practices

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Education

JD, magna cum laude, New York University School of Law, 2009, Order of the Coif

BA, English and History, summa cum laude, University of Pennsylvania, 2006

Bar Admissions

Massachusetts

Clerkships

The Hon. Patti B. Saris, US District Court for the District of Massachusetts, 2009 - 2010

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