Stamell & Schager, LLP

Andrew Goldenberg is a complex commercial litigator who represents plaintiffs and defendants in high-stakes litigation in state and federal courts throughout the United States.  Andrew has been counsel in bet-the-company cases ranging from dividend recapitalization disputes to trademark infringement. 

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Andrew has represented a broad array of clients, including distressed debt hedge funds seeking to collect over €2 billion owed under defaulted notes issued by private equity funds, hedge fund creditors in an involuntary bankruptcy proceeding seeking to collect €110 million in monies owed under a subordinated debt offering, former employees in a bankruptcy proceeding in connection with over $300 million in claims for unpaid compensation and an international consulting company in a $20 million bankruptcy reorganization in New York, Tunisia and the United Kingdom. 

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In November 2014, Andrew played a critical role in securing a $565 million judgment for his clients against issuers of defaulted notes in a lawsuit challenging a dividend recapitalization on fraudulent conveyance grounds.  In January 2018, Andrew represented creditors in a successful appeal to the New York Court of Appeals that involved novel issues of standing of an indenture trustee and alter ego claims.

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Andrew has argued, or has played a critical role in, appeals before the U.S. Court of Appeals for the Second Circuit, the New York Supreme Court’s Appellate Division and the New York Court of Appeals (New York’s highest court).

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Although Andrew’s primary area of expertise is commercial litigation, he also assists clients in corporate matters ranging from strategic alliance and joint venture agreements, technology development and implementation, securities regulation and real estate ventures.  Currently, Andrew serves as General Counsel for a company seeking to develop a device that performs optical imaging of the brain and breasts in Europe, Asia, and South America.

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Andrew is admitted to practice in the State of New York, the United States District Courts for the Southern and Eastern District of New York and the United States Court of Appeals for the Second Circuit.  Andrew is a member of the New York City Bar Association and is a committee member of the City Bar’s State Courts of Superior Jurisdiction Committee.  Andrew has also recently co-authored an article published in the New York Law Journal that addresses the limits of out-of-court debt restructurings.