Andrew Z. Schwartz

Partner - Boston

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Contact Information

617.832.1155

617.832.7000

aschwartz@foleyhoag.com Download vCard

Andrew Schwartz’s areas of expertise include complex commercial litigation, bankruptcy and creditors' rights, and representation of foreign sovereigns in U.S. litigation. He is the head of Foley Hoag’s Bankruptcy and Restructuring group. Andrew has extensive experience representing debtors, secured and unsecured creditors, committees, trustees, buyers, investors and other parties in bankruptcy and other insolvency matters. As a longstanding member of the firm’s Litigation Department, he also has handled a wide range of business cases in courts across the country.

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Education:

  • Boston University School of Law, J.D., magna cum laude, 1982
  • Brown University, A.B. in Political Science, 1978

Representative Experience

  • Andrew has represented these clients in major bankruptcy and related matters: 
    • The Chiofaro Company, Inc., and affiliates in the International Place bankruptcy, In re Fort Hill Square Associates and Fort Hill Square Phase 2 Associates (D.Mass.)  
    • The Debtor in In re Organogenesis, Inc. (D.Mass.) 
    • Benchmark Electronics, Inc. in In re Act Manufacturing, Inc. (D.Mass.)
    • Alere Inc. and Arriva Medical LLC In re ATLS Acquisition LLC, et al. (D.Del.) 
    • International Data Group, Inc. in In re Standard Media, Inc. (N.D.Cal.) 
    • PricewaterhouseCoopers LLP in In re Flagship Healthcare, Inc. (S.D.Fla.) 
    • Coopers and Lybrand LLP in In re Healthco International Inc. (D.Mass.) 
    • Ingram Industries, Inc. in In re Lauriat’s Inc. et al. (D.Mass.) 
    • Mitsubishi Electric Corp., Mitsubishi Electronics America, Inc., NMB Technologies, Inc., Ingram Micro, Inc. and Steel Hector & Davis in In re Wang Laboratories, Inc. (D.Mass.) 
    • Harsco Corporation in In re The Broderick Company, Inc. (D.Mass.) 
    • Momentive Performance Materials, Inc. and MPM Silicones, LLC in In re: Chemtura Corporation, et al. (S.D.N.Y.) 
    • The Debtors in In re Birks International, Inc. and Henry Birks Jewelers, Inc. (D.D.C.) 
    • General Motors Acceptance Corporation in In re Clyde Bartlett Buick-BMW, Inc. and In re Clyde S. Bartlett, Jr. (D.N.H.) 
    • Unsecured debenture holders in In re Scott Prepared Culture Media Laboratories, Inc. and In re Microbiological Sciences, Inc. (D.R.I.) 
    • Ralph Williams, Thomas Williams and Frances Perkins in In re Gaston & Snow (S.D.N.Y.) 
    • Robert Holmes in In re Arrow Carrier Corp., et al. (D.N.J.) 
    • Cartonneries de Thulin S.A. in In re Shape, Inc. (D.Me.) 
    • Maurice Hamilburg and Clarendon Capital Group, LLC in In re Plymouth Rubber Company et al. (D.Mass.) 
    • Media/Communications Partners, L.P., Milk Street Partners, Inc., Chestnut Street Partners, Inc. and TA Investors in United States of America v. State Street Bank and Trust Co. et al. (D.Del.) 
    • Prospect Therapeutics, Inc. in In re GlycoGenesys, Inc. et al. (D.Mass.) 
    • Jefferies & Company, Inc. in In re: High Voltage Engineering Corporation, et al. (D. Mass) 
    • Massachusetts Water Resources Authority in In re: Lehman Brothers Holdings Inc., et al. (S.D.N.Y.) 
    • Sedo.com in In re: Escom, LLC (C.D. Cal.) 
    • Herbal Science Singapore Pte, Ltd. in In re: Nutracea, a California Corporation (D. Ariz.) 
    • Watts Water Technologies, Inc. in In re: Leslie Controls Inc. (D. Del.) 
  • Andrew has devoted substantial time to representing official committees of unsecured creditors and post-confirmation fiduciaries in Chapter 11 cases, including:
    • the Creditors’ Committee and Creditor Trust in In re Malden Mills Industries, Inc., et al. 
    • the Creditors’ Committee, Post-Effective Date Committee and Creditor Trust in In re Engage, Inc. et al. 
    • the Creditors’ Committee and Liquidating Supervisor in In re Richard-James Incorporated et al. 
    • the Creditors’ Committee in In re East Boston Neighborhood Health Center Corporation 
    • the Creditors’ Committee in In re New Seabury Company Limited Partnership 
    • the Creditors’ Committee in In re Parts Plus Enterprises, LLC 
    • the Creditors’ Committee in In re Trend-Lines, Inc.
  • Andrew has represented the following foreign governments, their agencies and instrumentalities and/or their officials in U.S. litigation in New York, Washington, D.C., Florida, California and Ohio:
    • Chile 
    • Spain 
    • Venezuela
    • Nicaragua
    • Ecuador 
    • Guyana 
    • Angola
    • The Hellenic Republic
  • Andrew has also handled litigation matters involving contract, business tort, securities, professional malpractice, employment, copyright, trademark, trade secret, administrative law, real estate, toxic tort and insurance issues, for clients such as:
    • Aetna Life & Casualty 
    • Amex Life Assurance Company 
    • Berkelee College of Music 
    • Charles Schwab & Co., Inc. 
    • Creditanstalt Investment Bank, A.G. 
    • Great Universal, Inc. 
    • Infogrames Interactive, Inc. 
    • J. Derenzo Company 
    • MillerCoors, LLC
    • NantHealth, Inc.
    • PHE, Inc. 
    • Polaroid Corporation 
    • PrimeTime 24 Joint Venture 
    • Project Software & Development, Inc. 
    • Robert Reiser & Co., Inc. 
    • Spalding Sports Worldwide, Inc. 
    • TVRadio Now, Corp. 
    • W.R. Grace & Co. 
    • Town of Barnstable 
    • Massachusetts Water Resources Authority
  • Andrew has tried cases in Massachusetts, Texas, Delaware, Florida, North Carolina and Ohio
  • Prior to joining the firm, Andrew served as a law clerk to the Honorable George C. Pratt of the United States Court of Appeals for the Second Circuit from 1982-84
  • Andrew Schwartz and Michael Licker, Avoidance Actions After Stern v. Marshall, ABI Northeast Bankruptcy Conference (July 2012) 
  • Andrew Schwartz and Creighton Page, Waiver Provisions in DIP Financing Orders, MCLE Bankruptcy Law Conference 2009  
  • Andrew Schwartz and Creighton Page, Critical Vendor Orders, MCLE Bankruptcy Law Conference 2009
  • Andrew Schwartz and Creighton Page, Credit Bidding - Emerging Issues, ABI Northeast Bankruptcy Conference (July 2009)
  • Andrew Schwartz and Euripides Dalmanieras, Developments in the In Pari Delicto Doctrine in Massachusetts,  originally published in the Boston Bar Journal, Vol. 52, No. 4 (September/October 2008)
  • Andrew Schwartz and Joshua Pemstein, The Effect of BAPCPA’s Amendments to §§ 548 and 503(c) on Pre- and Post-Petition Transfers to Insiders (July 2007)
  • Andrew Schwartz and Jessica Silbey, Deepening Insolvency: A Seductive But Problematic Theory, BOSTON BUSINESS JOURNAL (November 2002)
  • Andrew Schwartz and Kenneth Leonetti, Recent Developments in Valuation, ABI Northeast Bankruptcy Conference (July 2000)

 

Honors

  • Recipient of the Arts & Business Council of Greater Boston's Robert B. Fraser Award for Pro Bono Excellence (2014)
  • Listed in THE BEST LAWYERS IN AMERICA (2007-2020) 
  • Ranked by CHAMBERS USA: AMERICA'S LEADING BUSINESS LAWYERS as one of Massachusetts' leading bankruptcy/restructuring lawyers (2003-2019) 
  • Selected as Massachusetts “Super Lawyer” by BOSTON MAGAZINE (2004-2017)

 

Involvement

  • American Bar Association, Section of Litigation and Bankruptcy and Insolvency Litigation Committee  
  • Boston Bar Association 
  • Lex Mundi, Litigation, Arbitration and Dispute Resolution Practice Group and Insolvency, Bankruptcy and Restructuring Practice Group 
  • Turnaround Management Association 
  • American Bankruptcy Institute, International and Bankruptcy Litigation Committees
 
  • Third Annual Juris Conference on Enforcement of Arbitration Awards, Moderator, “Recent Challenges in Enforcing Commercial and Investor-State Awards Involving Sovereigns, and Related Issues,” September 26, 2019
  • American Bankruptcy Institute, 25th Annual Northeast Bankruptcy Conference, Moderator, "Not Your Parents’ Fraudulent Transfer Action," and Speaker, "The Extraterritorial Application of the Bankruptcy Code’s Avoidance Provisions," July 12-13, 2019 
  • “Recent Trends in Bankruptcy Litigation Strategies and Tactics,” National Conference of Bankruptcy Judges Webinar, March 21, 2019
  • American Bankruptcy Institute, Twenty-First Annual Northeast Bankruptcy Conference, Moderator, Presenting Experts in Bankruptcy Litigation, July 18-19, 2014
  • Winding Down A Portfolio Company, National Venture Capital Association General Counsel Meeting, May 22, 2014, Panelist
  • American Bankruptcy Institute, Nineteenth Annual Northeast Bankruptcy Conference, Stern v. Marshall: One Year Later, July 13-15, 2012, Faculty Member
  • American Bankruptcy Institute, Eighteenth Annual Northeast Bankruptcy Conference, Moderator, Bankruptcy Ethics in an Electronic Age, July 22-23, 2011 
  • MCLE Bankruptcy Law Conference 2009, Panelist, First-Day Issues, October 28, 2009 
  • American Bankruptcy Institute, Sixteenth Annual Northeast Bankruptcy Conference, Moderator, Single Asset Real Estate Panel, July 17-18, 2009
  • Turning it Around:  Restructuring, Refinancing, Recapitalizing and Other Respones to the Economic Crisis, May 21, 2009, Panelist.
  • American Bankruptcy Institute, Fourteenth Annual Northeast Bankruptcy Conference, Bankruptcy Litigation Workshop, July 13-14, 2007, Faculty Member
  • American College of Bankruptcy Education Program, Boston College Law School, April 20, 2007, Faculty Member
  • American Bankruptcy Institute, Eleventh Annual Northeast Bankruptcy Conference, Formation of Committees & Selection of Professionals Forum, July 16, 2004, Faculty Member
  • American Bankruptcy Institute, Seventh Annual Northeast Bankruptcy Conference, Bankruptcy Litigation Forum, July 14, 2000, Faculty Member
  • Environmental Claims in Bankruptcy, Boston Bar Foundation, December 12, 1991, Moderator
  • Bankruptcy Litigation and Practice in Massachusetts, Professional Education Systems, Inc., May 15, 1991, Panelist
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Bar Admissions

  • Massachusetts
  • New York
  • District of Columbia

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals First Circuit
  • U.S. Court of Appeals Second Circuit
  • U.S. Court of Appeals Fourth Circuit
  • U.S. Court of Appeals Sixth Circuit
  • U.S. Court of Appeals Ninth Circuit
  • U.S. Court of Appeals Eleventh Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York