Andrew J. Entwistle
Managing Partner

Andrew J. Entwistle, the firm’s Managing Partner, focuses his practice on the representation of public and private institutional investors in complex securities and commercial litigations. Among other successes, Mr. Entwistle recently recovered more than $1.1 billion for his institutional clients in In re Royal Ahold N.V. Securities and ERISA Litigation.

 

 

Andrew J. Entwistle is the Firm’s managing partner. The son of a Scottish coal miner and an American schoolteacher, he received his undergraduate degree from the University of Notre Dame and his law degree from the University of Syracuse College of Law. Mr. Entwistle’s practice principally involves the representation of public and private institutional investors and public and private corporations in complex litigation (including both the prosecution and defense of securities and antitrust cases), corporate finance and transactional matters and internal investigations.
After a brief tenure in the District Attorney’s office, Mr. Entwistle became a lead trial and appellate attorney at Wilson Elser Moskowitz Edelman & Dicker, trying a broad variety of products liability, commercial, securities, insurance coverage and reinsurance, antitrust and government-related matters. During the following years with Mudge Rose Guthrie Alexander & Ferdon, Mr. Entwistle’s trial and appellate practice also came to include transaction-related litigation, antitrust and bankruptcy work and internal investigations. Mr. Entwistle also works closely with the governors, treasurers and attorneys general of several states. In connection with the firm’s corporate practice, Mr. Entwistle has acted as lead counsel on joint ventures, restructurings, venture capital placements and a multi-billion dollar leveraged buyout.
Recent litigation successes include: representation of the Colorado Public Employees’ Retirement Association in In re Royal Ahold N.V. Securities and ERISA Litigation resulting in recovery of more than $1.1B for his clients; acting as co-lead counsel in the MF Global litigation arising out of the loss of $1.6B in customer funds where Mr. Entwistle successfully worked with the SIPA Trustee and regulators to negotiate the 100 percent recovery by customers of all net equity losses (including separate recoveries totaling more than $100m against JPMC and the CME); successfully co-leading the JPMC settlement that resulted in contemporaneously negotiated resolutions of class, claw back and regulatory claims recovering a total of $2.243B for Madoff victims with net losses; and co-leading the ongoing Tremont litigation that resolved claw back litigation through an agreement that resulted in a $2.9B allowed SIPA claim for Tremont customers (and the recovery of more than $100m in additional settlements).  On the defense side, Mr. Entwistle was recently appointed by Judge Pauley as co-liaison counsel in the multi-billion dollar Tribune litigation which successfully resulted in dismissal of the Note Holder litigation.
Mr. Entwistle and his team also regularly represent corporate boards, audit and special committees in connection with internal investigations involving potential regulatory and/or criminal issues–often in “bet the company” situations where it is particularly important for regulators to understand that the investigation is being led by a team equally familiar with prevailing in billion dollar matters from both sides of the “v”.
Appointed by the late Judge Lifland of the United States Bankruptcy Court for the Southern District of New York to serve on the Court’s Special Mediation Panel, Mr. Entwistle has both mediated and actively litigated a number of complex bankruptcy matters including representing the Retired Employees Committee in the OMC Bankruptcy, equity holders in the American Bank Note Bankruptcy, the State of Florida in connection with the Enron Bankruptcy, acting as special litigation counsel in connection with the Global Crossing Bankruptcy, and representing investors in connection with the MF Global, Refco, Lehman, and BMIS bankruptcies.
Mr. Entwistle is proud to have received the 2013 Learned Hand Award from the American Jewish Committee, the Knute Rockne Award from Hannah & Friends where he continues to serve on the board of directors, the 2016 Vision Of Hope Award form Boys Hope Girls Hope where he also serves on the board and the 2003 Man of the Year Award from the Catholic Big Brothers for Boys and Girls after more than a decade of service on the Board of that organization–including founding Sports Buddies New York, a partnership between the youth of New York City and athletes from the New York region’s professional sports teams. Mr. Entwistle has also received special commendations from the President of the United States, the Governors of the States of Georgia and Hawaii, and the New York State Assembly.  In addition to the above, Mr. Entwistle is now or has previously acted as a director on several corporate, advisory and charitable boards. In addition to membership in the Federal Bar Council and various city, county, state and national bar associations, Mr. Entwistle is a member of the National Association of Public Pension Funds Attorneys and is an Educational Sustainer of the Council of Institutional Investors.
Mr. Entwistle has been named to the Martindale-Hubbell Bar Register of Preeminent Lawyers, the Order of International Fellowship, Who’s Who In The World, Who’s Who In America, Who’s Who In The East, Who’s Who In American Law, Who’s Who In Practicing Attorneys, Who’s Who In Emerging Leaders In America and Who’s Who In Finance and Industry, and as a New York “Super Lawyer”. The International Biographical Centre of Cambridge, England named Mr. Entwistle as its International Legal Professional of the Year for 2004 and inducted him into the Centre’s International Order of Merit.
Mr. Entwistle acts as Northeast Regional Editor for the Defense Research Institute publication The Business Suit (from 1998-present), is a member of various bar and business associations and he has lectured extensively on a variety of general business law, litigation, securities, antitrust, bankruptcy and trial issues including, by way of example only: acting as a panelist on the Sarbanes-Oxley Panel at the Federal Bar Council’s 2003 Annual Winter Bench and Bar Conference; as a panelist on both the Class Action Litigation and Cross Border Issues Panels at the Federal Bar Council’s 2005 Conference; acting as a panelist on the Supreme Court Review Panel at the Federal Bar Council’s 2008 Conference; acting as a panelist for the American Bar Association’s conference entitled “Implied Repeals of the Antitrust Laws: How Far Are the Courts Willing to Go?”; and co-chairing a New York State Bar Association Panel on Alternative Dispute Resolution for the Trial Practice Committee of the State Bar’s Commercial and Federal Litigation Section. Mr. Entwistle is frequently interviewed by journalists, including interviews on CNN and CNBC on developing legal and business issues of the day; by the Wall Street Journal and New York Times; and by the Insider Exclusive about topics including the Bernard Madoff Scandal, Wall Street’s Meltdown, the American Financial System, and the Fight to Save Tator’s Dodge.  In 2005 the Texas State Bar Association asked Mr. Entwistle to videotape a talk on disaster-related issues to assist lawyers and other professionals in the wake of Hurricane Katrina. The videotape also received broad distribution by the State of Mississippi and State of Texas Governors’ offices.
Mr. Entwistle is also the author of numerous articles and publications on various legal and business topics, including:
“American Pipe’s Rule Tolling the Statute of Limitations Does Not Apply to the Three-Year Statute of Repose in the Securities Act”; “Non-Party Class Members Are Not Permitted To Intervene and Use the ‘Relation-Back’ Doctrine of Rule 15(c) To Revive Claims Already Extinguished by Expiration of the Statute of Repose”; and “Bankruptcy Code § 546(e) Exempts from Avoidance Transfers Made to or for the Benefit of a Financial Institution in Connection with a Securities Contract, Even if the Transferee Is an Intermediary Conduit”, The Business Suit, DRI, August 2013;
“Piercing the Corporate Veil and Indemnification Claims Are Not Mutually Exclusive”; and “Allegation That a Party Entered into an Agreement with No Intent to Fulfill Its Contractual Obligations Does Not Negate The Agreement’s Arbitration Clause”, The Business Suit, DRI, April 2013;
“Second Circuit Vacates Judgment of the United States District Court for the District of Connecticut Dismissing a Breach of Contract Action for Improper Venue Based upon a Forum Selection Clause”; and “Second Circuit Construes the Meaning Of ‘Customers’ Under FINRA Arbitration Code “, The Business Suit, DRI, March 2012;
“Revisiting Discovery ‘Best Practices’ and Penalties”, For The Defense, DRI, August 2010;
“Unconscionable Terms Can Be Waived in Arbitration Agreement”, The Business Suit, DRI, June 2010;
“Computer Hacker Can Be Sued for Securities Fraud, Second Circuit Rules”; and “New York Appellate Court Reinstates Complaint Based on Adverse Interest Exception to In Pari Delicto Doctrine”, The Business Suit, DRI, January 4, 2010;
“Broad Arbitration Agreement Authorizes Arbitrator to Sanction A Party’s Bad Faith Conduct; Absent Class Members Not Entitled Full Access to Attorney’s Files”; and “Intentional Spoliation of Evidence May Form Basis for Fraud Claims”, The Business Suit, DRI, August 25, 2009;
“Affiant’s ‘To My Knowledge’ Statement Sufficient to Defeat Summary Judgment”; and “Class Action Waiver Clause in Arbitration Agreement is Unenforceable”, The Business Suit, DRI, April 13, 2009;
“‘Staehr’” Hikes Burden of Proof to Place Investor on Inquiry Notice”, New York Law Journal, December 15, 2008;
“Potential Securities Fraud: ‘Storm Warnings’ Clarified”, New York Law Journal, October 23, 2008;
“‘Wagoner’ In Pari Delicto Defenses Aid Outside Auditors”, New York Law Journal, August 29, 2008;
“Second Circuit Clarifies Pleading Requirements for Scienter in Securities Fraud Class Actions”; and “No Forum Shopping in Insurance Dispute, Second Circuit Says; New York Sets Aside Verdict Imposing Alter Ego Liability”, The Business Suit, DRI, August 11, 2008;
“Long-Arm Statute Does Not Confer Jurisdiction on Foreign Libel Litigant”; and “Crime-Fraud Exception Pierces Attorney-Client Privilege; New York May Seek Own Separate Arbitration”, The Business Suit, DRI, May 16, 2008;
“Approaches to Asset Recovery For Pension Fund Subprime Exposure”, The NAPPA Report, February 2008;
“Injunction Against NHL’s Transfer of Website Denied”; and “Republic of Congo’s Oil Company Immune from RICO Charges; Discovery of Anonymous Bloggers Denied”, The Business Suit, DRI, December 20, 2007;
“Ex Parte Communications with Former Employee May Not Merit Disqualification”; and “Accounting Firm Not Subject to Federal Jurisdiction; Statements Made by Employer Privileged”, The Business Suit, DRI, September 6, 2007;
“Accounting Firm Has Affirmative Duty; New York’s Highest Court Rejects Insured’s Single-Occurrence Theory”, The Business Suit, DRI, May 2, 2007;
“Imputation Doctrine No Longer Protects Auditors”, The Business Suit, DRI, August 2006;
“Merchant Lacks Standing to Assert Antitrust Claims Against Credit Card Companies for Chargeback Fees”, The Business Suit, DRI, December 22, 2006;
“Thompson Memorandum’s Attorneys’ Fees Provision Held Unconstitutional”, The Business Suit, DRI, August 2006;
“Beer Supplier and Distributor Must Arbitrate Dispute Despite New York Law to the Contrary”, The Business Suit, DRI, January 5, 2006;
“Corporate Exposure and Employment Practices Liability”, Mealey’s Reinsurance Conference, November 2000;
“Distinguishing Valid Fraud Claims From Trumped Up Breach of Contract Actions”, The Business Suit, DRI, Winter 2000;
“New York Clarifies Its ‘Borrowing Statute’, New Jersey’s ‘New Business’ Rule Declared Alive and Well, Second Circuit Finds Former Corporate Executives Entitled to Fifth Amendment Privilege”, The Business Suit, DRI, January 2000;
“The Fine Line Between An Auditor’s Recklessness and Intent to Deceive”, The Business Suit, DRI, Summer 1999;
“What a Web We Weave . . . Jurisdiction in Web-Related Litigation”, The Business Suit, DRI, Winter 1998;
“Red Light, Green Light, 1-2-3: Stop and Go Traffic on the Information Superhighway”, The Business Suit, DRI, Winter 1998;
“Due Deference — The Supreme Court Confirms the Post-Daubert Discretion of the Trial Judge as the ‘Gatekeeper’”, The Business Suit, DRI, Winter 1998;
“The Inevitable Disclosure Doctrine and the Economic Espionage Act: Emerging Weapons In the Battle to Protect Trade Secrets from Theft and Misappropriation”, The Business Suit, DRI, Spring 1998;
“Covenants Not to Compete and the Duty of Loyalty”, (DRI Spring 1997 Conference Chicago);
“New York Business Law Update 1997”, (New York State Society of CPA’s);
“New York Business Law Update 1998”, (New York State Society of CPA’s);
“Excess Insurers Late Notice and Prejudice, American Home Puts The Issue to Rest”, New York Law Journal, July 1993; and
“Managing the Risks of Accounting Liability, A Legal Perspective”, New York Society of CPA’s, 1993, 1995, 1997 and 1998.

• Texas Bar College

• Martindale Hubbell
Bar Register of Preeminent Lawyers

• AVVO
Top-Rated Lawyer

• Order of International Fellowship

• Who’s Who in the World

• Who’s Who in America

• Who’s Who in the East

• Who’s Who in American Law

• Who’s Who in Practicing Attorneys

• Who’s Who in Emerging Leaders in America

• Who’s Who in Finance and Industry

•Super Lawyer

Education
  • University of Notre Dame, B.A.
  • Syracuse University, J.D.
Bar Admissions
  • New York
  • New Jersey
  • Illinois
  • Texas
  • Colorado
  • District of Columbia
  • Pennsylvania