ANDREW C. GRIESINGER
Andy Griesinger formed what is now Griesinger Tighe & Maffei in 2000.
Throughout his career, Andy has represented clients in complex business litigation. Over the years, he has litigated a wide variety of cases for a wide variety of clients in federal and state courts. He also has substantial mediation and arbitration experience. Andy has litigated numerous contract cases, including cases involving insurance, financing, partnership, sale of business, distributorship, licensing and manufacturing agreements. In addition, he has litigated a number of intellectual property disputes involving patent, trademark, copyright and trade secret issues, he has defended a substantial number of "lender liability" cases on behalf of lenders and he has litigated numerous adversary proceedings in the bankruptcy court. Andy has substantial experience representing computer hardware and software companies and lending institutions.
Andy began his legal career in 1982 at the Boston law firm of Choate, Hall & Stewart. He was an associate at that firm until 1990 and was a partner from 1990 until 2000. Andy graduated from Trinity College in 1977 and from Boston College Law School in 1982. He was a member of the Boston College Law Review editorial staff and received at graduation the Joseph S. Oteri Award for excellence in oral advocacy.
Some of Andy's more recent trials include the following.
- A dispute in the United States District Court for the District of Massachusetts concerning the sale of a business where Andy represented the sellers who were alleged, among other things, to have breached representation and warranty provisions in the purchase and sale agreement. After a 2 1/2-week bench trial, the Court issued a complete defense verdict in favor of the sellers on all counts, including an award which entitled Andy's clients to recover their attorney's fees. The case settled after the Court issued its ruling.
- A case brought against a local bank by a disgruntled commercial loan customer in the Superior Court of Bristol County, Massachusetts. The dispute involved claims for, among other things, breach of contract, fraud and violation of Chapter 93A. Andy represented the bank. The case was tried to a jury for 2 1/2 weeks. The trial judge directed a verdict for the bank with respect to several claims. The contract and Chapter 93A claims were submitted to the jury. In the case of the Chapter 93A claim, the jury was asked to render an advisory verdict. The jury returned a complete defense verdict in favor of Andy's client on all counts.
- A dispute in the United States District Court for the District of Massachusetts in which a major computer manufacturer claimed that it had been defrauded by a vendor. After a three-week trial, the jury returned a verdict of over $9 million in favor of Andy's client.
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Cases
The following is a list of some of the reported decisions in cases in which Andy represented one of the parties.
- TAL Financial Corp. v. CSC Consulting, Inc., 446 Mass. 422 (2006).
The case involved a claim for liquidated damages and rent pursuant to the terms of a commercial lease of equipment. Massachusetts Supreme Judicial Court affirmed the trial court's decision that awarded damages in the amount claimed by the lessee to be owed. The Supreme Judicial Court also affirmed the trial court's decision that the term of the lease at issue was not extended pursuant to an automatic renewal provision. It affirmed the trial court's decision that a liquidated damages provision in the lease was unenforceable. It reversed an award of attorney's fees to the lessor, on the ground that the fees incurred by the lessor were unreasonable because the lessee had prevailed with respect to its contentions. Andy represented the lessee.
- Museum of Fine Arts v. Elizabeth A. Beland, 432 Mass. 540, 735 N.E. 2nd 1248 (2000).
The Massachusetts Supreme Judicial Court interpreted a will that bequeathed a collection of paintings (including paintings by Monet and Pissarro) to a trust subject to the condition that the trustees offer the paintings to the Museum of Fine Arts, Boston for purposes of exhibition until a suitable museum existed in Lawrence, Massachusetts. The trustees claimed that it was unlikely that there would ever be a gallery in Lawrence suitable for the paintings. The trustees therefore demanded that the MFA allow them to sell the paintings and use the proceeds to fund arts projects in Lawrence. The MFA brought suit to obtain a declaration that the paintings could not be sold and should remain in the public domain. The Supreme Judicial Court agreed with the MFA's interpretation of the will and ordered that the paintings may not be sold. Andy represented the MFA.
- Summit Investment and Development Corp. v. Edward G. Leroux, Jr., et al., 69 F.3d 608 (1st Cir. 1995), affirming 167 B.R. 318 (Bankr. D. Mass. 1994).
The First Circuit Court of Appeals held that ipso facto clauses in a partnership agreement, and the Massachusetts partnership statute that requires dissolution of a partnership upon the filing of a bankruptcy petition, are rendered unenforceable by the Bankruptcy Code. Andy represented the prevailing party.
- Massachusetts Hospital Ass'n, Inc. v. Department of Medical Security, 412 Mass. 340, 588 N.E.2d 679 (1992).
The Massachusetts Supreme Judicial Court held that certain Massachusetts regulations governing the Massachusetts uncompensated care pool, a pool of funds used to reimburse hospitals for care provided to the indigent, was invalid. Andy represented the Massachusetts Hospital Association.
- Bank of New England, N.A. v. Mortgage Corp. of New England, 30 Mass. App. Ct. 238, 567 N.E.2d 961 (1991).
The Massachusetts Appeals Court held that the trial court erred when it vacated an injunction granting equitable attachments to the Bank of New England. The Appeals Court decided that the trial court improperly took the public's interest into account, because the public's interest is generally is not one of the factors to be considered under Massachusetts law in determining whether an injunction should issue. Andy represented the Bank of New England.
- Massachusetts Mutual Life Ins. Co. v. Aritech Corp., 882 F.Supp. 190 (D.Mass. 1995).
The District Court for the District of Massachusetts granted summary judgment in favor of the plaintiff insurance company in a case involving the interpretation of a "make whole" provision in financing agreement. Andy represented the plaintiff insurance company.
- Boston Publishing Co. v. Chace, 209 B.R. 157 (Bankr. D. Mass. 1997).
After a bench trial, the United States Bankruptcy Court for the District of Massachusetts allowed the bankruptcy trustee to recover substantial preferential payments made by the debtor to a corporate insider. Andy represented the bankruptcy trustee.
- In re Curran (Bane, et al. v. LeRoux), 183 B.R. 9 (Bankr. D.Mass. 1995).
The United States Bankruptcy Court for the District of Massachusetts granted summary judgment in a derivative action commenced by limited partners against a partnership and its general partners for breach of fiduciary duty on the ground that the plaintiffs claims were barred by the applicable statute of limitations. Andy represented the general partners.
- In re Lincoln North Assoc's, 163 B.R. 403, 26 Fed. R. Serv. 3d 1356 (Bankr. D.Mass. 1993).
The United States Bankruptcy Court for the District of Massachusetts issued sanctions against a party in an adversary proceeding for failing without proper justification to produce an attorney for a deposition. Andy represented the party that sought the sanctions.
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