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Andru Volinsky is a member of Bernstein Shur’s Litigation, Business Law and Labor and Employment Practice Groups. His practice focuses upon commercial litigation, including trade secrets and unfair trade practices disputes, employment law related litigation, probate disputes and issues of white collar crime. Andy represents business clients and individuals at trial, on appeal, before administrative agencies, and in arbitrations. Finally, Andy holds law firm leadership roles, serving as a member of the firm’s board of directors and as its general counsel.
Andy has an abiding commitment to social justice and, in this regard, has worked tirelessly on education issues in his home state, including serving as lead counsel to the school districts that successfully challenged the constitutionality of the means by which New Hampshire funds its schools. Andy has also worked to achieve the abolition of capital punishment by providing pro bono representation to capital defendants in Georgia, Mississippi, Tennessee, and before the United States Supreme Court. Andy represented Chief Justice Deborah T. Poritz (ret.). of New Jersey’s Supreme Court as amicus in the appeal of New Hampshire’s only modern day capital sentencing proceeding. Finally, Andy has represented a number of state and federal candidates in voter rights litigation.
Andy has been recognized for his commitment to social justice as one of New Hampshire’s most influential citizens by the Concord Monitor and NH Public Radio. He received the NH-NEA Friend of Education award, the Civil Liberties Union Bill of Rights Award, and was the Merrimack County Attorney of the Year. In 2006, he was selected by his colleagues as the recipient of the Barnett I. Shur Community Service Award in recognition of his years of service in New Hampshire. Andy’s synagogue maintains a social action grant fund for public school teachers in his name.
Andy is recognized by Best Lawyers in America as Lawyer of the Year in 2013 for his employment law, education law, commercial litigation, and white collar crime work, and by Chambers USA for his litigation practice. He is AV-rated by Martindale Hubbell.
Representative cases include:
In re Estate of Donovan, 162 N.H. 1, 20 A.3d 989 (2011), ademption;
Frank Hill and Associates v. Sequest Technologies, Inc. et al, Rockingham County Superior Court (NH), trade secrets;
Boal v. Human Resource Concepts, Inc., Equal Employment Oppty. Commission, discrimination complaint;
Wyly v. Webster Place Center, Inc. et al, Merrimack County Superior Court (NH), tort action concerning brain injury suffered by psychiatrist;
Grissom and River, LLC v. Sullivan Palatek, Inc., arbitration concerning commercial lease;
Hamblett v. Patenode, Cheshire County Superior Court (NH), business dissolution litigation;
Petrucelli v. D’Abrosca, Hillsborough County Superior Court, NH Supreme Court, Rhode Island Bankruptcy Court, business tort and fraud action;
Claremont Sch. Distr. v. Governor, NH Supreme Court, constitutional litigation;
Levine v. ZNQ3, Inc., US Distr. Ct. (MA), trade secrets;
Barrington Studios, Ltd. v. Sperandeo, US Distr. Ct. (NH), wrongful termination and corporate dissolution; and
Scarfo and Miller v. Cabletron Systems, Inc., US Ct. of Appeals for the 1st Circuit.
In August 2012, Andy commented on a hearing where state securities regulators questioned the NH Local Government Center’s pricing on services. Click here to read The Concord Monitor article.
Andy recently was successful in winning a case in which the NH Supreme Court upheld a Sullivan County Probate Court order conveying the majority of a $15 million estate to the common law spouse of the deceased over the objection of family members. Read the NH Supreme Court’s decision here.
In May 2012, Andy served as special counsel to the state securities bureau in a lawsuit that sought to return $100 million in surplus funds. Click here to read Andy’s comments in The Concord Monitor.
In May 2012, Andy commented on constitutional amendments to overturn the Claremont education funding principles in a blog post that received “blog of the day” recognition in the New Hampshire Business Review Network, click here to read.
In April 2012, Andy commented on SchoolCare and Primex agreeing to return about $30 million to communities in New Hampshire as a result of his negotiations. Click here to read the full article.
In January 2012, Andy was retained to represent the Secretary of State and New Hampshire Bureau of Securities Regulation in their efforts to regulate NH’s municipal risk pools. As part of this effort, he negotiated a $21 million deal with Primex, a public risk management pool that provides workers compensation insurance and other coverage to municipalities. Learn more about the details here.
In March 2011, Andy commented on a proposed NH constitutional amendment regarding education funding. To read the article from Seacoast Media Group, click here.
In November 2009, Andy won an appeal for a fired school chief. (Click here to see the Concord Monitor article.) That decision is now being appealed to the NH Supreme Court (Concord Monitor article can be seen by clicking here.)
In June 2007, Andy was recognized by NH Public Radio as one of New Hampshire’s most influential citizens over the past twenty-five years.
Click here to read Andy’s blog for the New Hampshire Business Review Network.
JD, George Washington University National Law Center, 1980
Certificate in Conflicts Resolution Studies, University of Pittsburgh, 1976
BA, Psychology, University of Miami, 1976, magna cum laude
Admitted to practice:
States of New Hampshire, Massachusetts, Maine, and District of Columbia
U.S. District Court in New Hampshire and Massachusetts
U.S. Court of Appeals for the First Circuit
U.S. Supreme Court
New Hampshire Bar Association (Ethics Committee)
New Hampshire Association of Criminal Defense Lawyers
National Association of Criminal Defense Lawyers