Andrew Dulberg

Practice Areas

Drew Dulberg is a first-chair trial lawyer who represents clients in high-stakes, complex commercial disputes. Mr. Dulberg routinely defends corporations, officers, directors, and founders facing class action lawsuits, securities and financial services litigation, derivative litigation, contract disputes, patent litigation, and allegations of fraud. He has represented leading technology companies, banks, investment firms, non-profits, and issuers of securities charged with violations of state and federal law and breaches of fiduciary duties. As co-chair of the Sports and Gaming Practice, he regularly advises clients in the sports and gaming industries on a wide range of matters.

Mr. Dulberg has extensive experience handling all phases of civil litigation, and has served as a leader on winning trial teams. He focuses relentlessly on building a path to victory in every case. He is routinely on his feet in state and federal courts across the country. Clients praise his “surgical” cross examinations, and a newspaper described one of his trial wins as “extraordinary” and “unprecedented,” a “major victory.” 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.

Professional Memberships

Mr. Dulberg is a member of the American Bar Association, the Boston Bar Association, and the Sports Lawyers Association. He serves as co-chair of the Hiring Committee for the Boston office, and served as co-chair of the firm’s summer associate program for many years. Mr. Dulberg has also been 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. He serves on the Board of Trustees of the Tenacre Country Day School. Mr. Dulberg also serves as a member of the Greater Boston Chamber of Commerce’s Hospitality & Tourism Leadership Council.

Career

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 represented veterans, juvenile offenders, and helped to exonerate a death row inmate based on his actual innocence.

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.

Publications

Amicus Participation in Trial Courts: Navigating Uncharted Territory - Boston Bar Association

Experience

Trials / Arbitrations

First-chaired trial asserting post-election challenge to language appearing on state-wide ballots, and won dramatic victory resulting in new election

First-chaired arbitration for technology company accused of breach of contract and fraud, and prevailed on every claim, obtaining award of attorneys’ fees

Won total victory for defendant in case alleging fraud and negligent trading following two-week federal bench trial via Zoom

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

Obtained dismissal of class action lawsuit asserting novel claims for breach of fiduciary duty against donor-advised fund sponsor, affirmed by Ninth Circuit

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

Achieved voluntary dismissal of shareholder derivative litigation in Massachusetts Business Litigation Session following filing of motion to dismiss based on forum selection bylaws

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

Routinely advises companies in connection with pre-litigation demand letters, successfully avoiding litigation

Awards

Education