Andrew Burns

Andrew has over twenty-five years of experience handling a variety of challenging and complex legal matters involving commercial and contract disputes, civil litigation, employment litigation and compliance, wage and hour litigation and compliance, insurance coverage, multistate litigation, tax assessment, and numerous other types of legal matters and disputes. He is experienced providing practical legal advice and counseling to businesses and business owners.  He is a sophisticated strategist and negotiator in complex litigation and business matters.

Andrew acts as General Counsel for a growing technology corporation with responsibility for all legal matters for the company, including negotiating and drafting contracts, employment counseling, corporate and real estate matters, litigation, and general legal and business advice.

Andrew previously was a capital partner in Nixon Peabody’s litigation group, where he served as national counsel for a Fortune 500 company involved in personal injury litigation.

Andrew mediated and settled a single plaintiff sexual harassment claim for One Million dollars.

Andrew is actively involved in the Monroe County Bar Association, having chaired the Ethics Committee for four years.  He is also a Member of the American Bar Association and the New York State Bar Association.

Andrew is a frequent panel participant and speaker in Continuing Legal Education programs on legal ethics.

Andrew has been named numerous times as one of the “Best Lawyers in America.”

He is a member of the Leadership Rochester Class of 1999 and received the Rochester Business Journal’s 40 Under 40 Award in 2001.

Andrew received his J.D. degree from the University of Illinois College of Law in 1988, and his B.A. degree from Vanderbilt University in 1985.  He is licensed to practice law in New York, all Federal District Courts in New York, and the United States Court of Appeals for the Second Circuit.  He has been admitted to practice law pro hac vice in numerous State and Federal Courts throughout the United States.

Andrew is a Member of Oak Hill Country Club.  He formerly volunteered as a Head Coach for Perington Youth Hockey and Pittsford Little League.

Recent Trial Experience

• Dolenec v. Pressler LLP, Case No. 1:12-CV-05500, United States District Court for the Southern District of New York. Andrew defended his client, a law firm, in three-day jury trial involving claims brought under the Fair Debt Collection Practices Act and New York’s General Business Law § 349.  The Court granted Andrew’s motion for judgment as a matter of law at the close of the plaintiff’s proof, and dismissed the case.

• Haines v. West, No. 2009-42521, Surrogate’s Court, Steuben County, New York. Andrew represented his clients, the Co-Executors of an Estate, seeking the turnover of funds the respondent held in various investment accounts.  After a seven-day bench trial in 2015, the Court decided the case in client’s favor, ordered the turnover of the disputed funds to the Estate, and also awarded attorneys’ fees and prejudgment interest to the Estate.  In addition to the turnover of more than $1.3 Million Dollars, the Court’s decision resulted in a judgment of over $860,000 in favor of the Estate.

• Kraft General Foods, Inc. v. Town of Campbell, et al., Index No. 2011/1033 CV, Supreme Court, Steuben County, New York. Andrew defended his clients in a three-day bench trial involving the town’s property tax assessment of a large manufacturing facility.  The case is currently pending before the trial judge.

Selected Reported Cases

• Carlin v. Davidson Fink LLP, 2015 U.S. Dist. LEXIS 134193 (E.D.N.Y. September 30, 2015) (District Court granted client’s motion to dismiss claim brought pursuant to Fair Debt Collection Practices Act).

• Matthews v. Corning Inc., 77 F. Supp. 3d 275 (W.D.N.Y. 2014) (District Court granted client’s motion for summary judgment dismissing claims for employment discrimination).

• IDG USA, LLC v. Schupp and Abrasive-Tool, Corp., 2012 U.S. Dist. LEXIS 151554 (W.D.N.Y. Oct. 22, 2012) (District Court granted client’s motion for summary judgment dismissing claims for tortious interference with contract, unfair competition, and unjust enrichment).

• Hernandez v. Alpine Logistics, LLC, 2011 U.S. Dist. LEXIS 96708 (W.D.N.Y. Aug. 29, 2011) (District Court granted clients’ motion for summary judgment for unpaid overtime wages).

• Odom v. Hazen Transport, Inc., 275 F.R.D. 400 (W.D.N.Y. 2011) (District Court granted client’s motion to approve class action settlement involving unpaid overtime wages).

• DiPonzio v. Bank of America, 2011 U.S. Dist. LEXIS 74158 (W.D.N.Y. July 11, 2011) (District Court granted client’s motion to remand case to state court).

• Christine Falls Corp. v. Algonquin Power Fund, Inc., 401 Fed. Appx. 584 (2d Cir. 2010) (Second Circuit affirmed District Court’s grant of summary judgment to client in complex finance case).

• Matthews v. Corning Inc., 737 F. Supp. 2d 133 (W.D.N.Y. 2010) (District Court granted client’s motion to dismiss certain employment discrimination claims as time-barred).

• Jackson v. Computer Confidence, Inc., 2010 U.S. Dist. LEXIS 109500 (W.D.N.Y October 14, 2010) (District Court granted client’s motion for unpaid overtime wages and bonuses).

• The State of New York v. Shaw Contract Flooring Services, Inc., 2008 N.Y. Misc. LEXIS 8064 (Sup. Ct. Albany Co. April 22, 2008) (Supreme Court granted client’s motion for summary judgment in case seeking to hold client liable for alleged release of asbestos dust in college dormitory during renovation project).

• Brooks v. Hartford Fire Insurance Co., 50 A.D.3d 1534 (4th Dep’t 2008) (Appellate Division affirmed Supreme Court’s denial of insurer’s motion for summary judgment in coverage dispute involving client’s wrongful death action against insured).

• Graybar Atomic Co. v. Energy East Management Corp., 38 A.D. 3d 1322 (4th Dep’t 2007) (Appellate Division affirmed Supreme Court’s grant of summary judgment to client dismissing plaintiff’s claims for breach of contract, detrimental reliance, breach of implied duty of good faith, and wrongful rejection of goods).

• Trafalgar Power, Inc. v. Aetna Life Insurance Co., 427 F. Supp. 2d 202 (N.D.N.Y. 2006) (District Court granted client’s motion for summary judgment in complex finance case).

• Niagara County v. R & D Engineering, P.C. and Goulds Pumps, Inc., 298 A.D.2d 971 (4th Dep’t 2002) (Appellate Division affirmed Supreme Court’s denial of plaintiff’s motion for summary judgment seeking to hold client, a pump manufacturer, liable for alleged breach of warranties).