Andrew J. Melnick

Partner

Co-chair, Financial Services Practice

I turn strategy into action.

Andrew is a highly experienced financial services litigator, regulatory attorney, and compliance advisor to a wide array of financial services firms. His practice spans complex litigation and arbitrations, internal investigations, regulatory inquiries, employment matters, and compliance reviews.

Before returning to private practice in 2016, Andrew served as chief litigation counsel at the NYSE-listed RCS Capital Corporation, where he oversaw all litigation, investigations, regulatory inquiries, and related activities. Earlier in his career, he spent a decade at UBS in various roles. As deputy general counsel, head of retail litigation at UBS Financial Services, he had management responsibility for all litigation and arbitrations arising from the business activities of the U.S. broker-dealer/wealth management arm of UBS AG. He also served as senior counsel on a Zurich-based UBS team, reporting directly to the global general counsel, with responsibility for assessing the impact of emerging and immediate regulatory, legal, and ethical risks of strategic relevance to UBS's businesses worldwide.

Andrew was the New York office managing partner at McGonigle P.C., before the firm combined with Davis Wright Tremaine.

Practice Highlights

Securities litigation

Andrew represents and advises broker-dealers, investment advisors, investment banks, and asset managers and their executive management, boards, and employees in complex litigations and arbitrations.

Investigations

Andrew represents clients in a wide array of internal and governmental investigations and enforcement proceedings before the SEC, FINRA, CFTC, and state regulators.

In-house leadership

Andrew's approach to litigation and enforcement is informed by his long experience as an in-house legal leader for major financial services providers.

Selected Recent Experience

Leading Canadian bank*

Defended prime brokerage division of bank in litigation in N.Y. Supreme Court against breach of contract and duty claims arising from convertible preferred stock transactions; negotiated no-pay settlement.

Leading Canadian bank*

Representing bank in litigation proceedings in District of Puerto Rico arising from the Chapter 11 filing of Puerto Rican government.

Leading alternative investments platform*

Prosecuted claims of breach of contract in N.Y. Supreme Court against hedge fund arising out of a failed oil and gas deal; matter favorably settled.

Leading alternative investments platform*

Obtained discovery under 28 U.S.C. sec. 1782 in S.D.N.Y. from two dozen banks and other institutions in furtherance of client's prosecution of worldwide claims against perpetrators of a massive maritime fraud.

Broker-dealers and RIAs*

Regularly defend firms in large and complex FINRA, AAA, and JAMS arbitrations brought by customers, investors, and employees.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Employment

Large team leaving wirehouse broker-dealer*

Defeated preliminary injunction application brought by major wirehouse in federal court following full-day PI hearing and four weeks of expedited discovery.

RIAs, hedge funds, PE firms*

Regularly litigate to enforce restrictive covenants and confidentiality provisions of departing advisors and executives; regularly counsel firms on employment issues, including recruiting, return-to-work policies, discrimination, and compensation.

Advisors and financial services executives*

Regularly counsel teams of advisors transitioning to independence.

National bank*

Defended Equal Pay Act claims brought by senior product manager; settled on favorable terms following discovery.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Enforcement

RIAs*

Representing RIAs and their executives in SEC investigations and enforcement actions concerning, inter alia, mutual fund share classification, custody, Marketing Rule, privacy, fraud, and complex structured products.

Broker-dealers*

Representing broker-dealers and their executives in FINRA investigations and enforcement actions concerning, inter alia, outside investments and business activities, supervision, suitability, and complex structured products.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Andrew J. Melnick

Partner

Overview

Experience

Personal

Practice Highlights

Securities litigation

Investigations

In-house leadership

Selected Recent Experience

Leading Canadian bank*

Leading Canadian bank*

Leading alternative investments platform*

Leading alternative investments platform*

Broker-dealers and RIAs*

Employment

Large team leaving wirehouse broker-dealer*

RIAs, hedge funds, PE firms*

Advisors and financial services executives*

National bank*

Enforcement

RIAs*

Broker-dealers*

Admitted to Practice

Education

Memberships & Affiliations