Dulberg_Andrew

Andrew Scott Dulberg

Drew Dulberg has a diverse litigation practice with an emphasis on high-stakes, complex commercial disputes and securities and financial services litigation. Mr. Dulberg routinely defends corporations and their officers and directors facing class action lawsuits, derivative litigation and allegations of fraud. He has represented technology companies, banks, 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. He has secured positive outcomes for clients in arbitrations and mediations, and has advised companies responding to investigations by the SEC, FINRA, state securities regulators and state attorneys general.

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. In his pro bono practice, Mr. Dulberg has worked to exonerate 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.

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, a panelist at MCLE's Annual Federal Civil Court Practice Conference and a writing coach to students participating in the Harvard Law School Problem Solving Workshop.

Experience

  • Trials / Arbitrations

    • Secured judgment on all counts for Harvard University in case challenging its use of race in the undergraduate admissions process following three-week federal bench trial
    • 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; obtained confirmation of arbitral award plus statutory interest following successful oral argument in Massachusetts Superior Court
    • Successfully represented major pharmaceutical companies in Hatch-Waxman (ANDA) patent litigation, including judgment of non-invalidity following three-day bench trial
    • Represented the Commonwealth of Massachusetts as Special Assistant District Attorney for Middlesex County, and served as lead trial counsel in 14 criminal cases
  • Complex Commercial / Regulatory Litigation

    • Successful representation of art museum facing multiple lawsuits and investigation relating to plan to sell $50M of artwork in order to avoid collapse
    • Achieved voluntary dismissal of multi-million dollar fraudulent inducement lawsuit on behalf of video game developer shortly before trial
    • Defended company facing multiple putative class action lawsuits asserting state law privacy and tort claims related to major cyberattack
  • Securities Litigation

    • Achieved dismissal of shareholder class action lawsuits in federal courts across the country alleging that public companies and their executives issued false and misleading statements and/or engaged in fraudulent schemes resulting in significant stock drops
    • Secured appellate victory for biotechnology company when First Circuit affirmed dismissal of shareholder class action lawsuit
    • Obtained dismissal of putative class action lawsuits challenging multi-billion dollar mergers and acquisitions in courts across the country, including Delaware Chancery Court
    • Obtained dismissal of derivative litigation in District of Massachusetts relating to bank's foreign exchange trading business and exposure to mortgage-backed securities
  • Strategic Advice

    • Helped coordinate investigation into claims that public company C-level executive engaged in inappropriate behavior
    • Advised public company in response to shareholder demand alleging violation of SEC Rule 21F-17 relating to employee severance and confidentiality agreements
    • Advised company in connection with response to shareholder demand for books and records, successfully avoiding litigation

Recognition

Selected as a "Massachusetts Super Lawyer Rising Star" in business litigation in the 2018 and 2019 issues of Boston Magazine

Insights & News

Credentials

  • Education

    • JD, New York University School of Law, 2009

      magna cum laude Order of the Coif
    • BA, English and History, University of Pennsylvania, 2006

      summa cum laude
  • Admissions

    • Massachusetts

  • Clerkships

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

Credentials