Andrew D. Manitsky

amanitsky@gravelshea.com

Andrew Manitsky litigates in state and federal courts in Vermont and New York. He represents clients at the trial and appellate level in a wide variety of complex civil disputes, including matters involving breach of contract, business torts, non-competition agreements, employment, professional malpractice, personal injury, antitrust, scientific misconduct, and technology (including the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act).

Andrew is also the Chair of the Vermont Bar Association’s Intellectual Property Section, and litigates and provides counseling on trademark, unfair competition, copyright, trade secrets, and domain name disputes. He has given seminars on trademark infringement, copyright law, legal ethics, and mediation techniques.

Education

  • University of Michigan Law School, J.D. 1992
  • Oberlin College, B.A. 1988, with high honors in Philosophy

Honors

  • Listed in Best Lawyers in America (2009-2014)
  • Listed in Chambers USA: America’s Leading Lawyers for Business (2005-2013)
  • Listed in New England Super Lawyers (2010-2013)
  • NITA Advocate, National Institute for Trial Advocacy

Representative Matters

  • Represented multinational company in dispute with former executive; obtained preliminary and permanent injunction enforcing non-compete agreement, preventing executive from working for competitor
  • Represented New York nightclub sued for copyright infringement in connection with karaoke events; settled favorably
  • Represented Vermont city in dispute among three local unions and State of Vermont regarding funding of pensions under state retirement statute; obtained summary judgment in favor of city
  • Represented major Vermont retail business in domain name dispute, suing for trademark infringement and violation of the Anticybersquatting Consumer Protection Act; obtained preliminary and permanent injunction in Vermont federal court directing transfer of similar names
  • Represented sponsor of ski area sporting event sued for personal injury; settled favorably
  • Represented city in upstate New York in legal malpractice action against its former law firm which negotiated and prepared union contracts; settled favorably
  • Represented Vermont manufacturer sued for wrongful discharge in Vermont state court; obtained defense verdict at jury trial
  • Represented design firm in dispute with Business Software Alliance over claimed copyright infringement of Microsoft, Adobe, and other software; settled favorably
  • Represented individual plaintiff in personal injury action against town in New York; obtained jury verdict awarding more than seven times settlement amount offered on morning of trial
  • Represented national art expert in dispute with purchaser of fake Georgia O’Keefe painting, alleging fraud, negligent misrepresentation, and seven other claims in New York federal court; motion to dismiss granted
  • Represented telecommunications company in dispute with Vermont town over installation of antennas for wireless service; obtained injunction in federal court, pursuant to Telecommunications Act of 1996, directing town to issue all necessary permits
  • Represented internationally famous designer and exclusive licensee in claims for copyright infringement and unfair competition against hotel and distributor in New York federal court; settled favorably
  • Represented Vermont technology company in action against former employees for theft of trade secrets; settled favorably
  • Represented Vermont newspaper in press construction lawsuit, suing for fraud and breach of contract; settled favorably
  • Represented Vermont nutraceuticals company sued in New Jersey state court products liability action in connection with ephedra; obtained dismissal on jurisdictional grounds

Memberships &; Affiliations

  • Member, Chittenden County, Vermont, New York, and American Bar Associations
  • Member, American Intellectual Property Law Association (Electronic and Computer Law Committee)
  • Member, New York Intellectual Property Law Association (Vice Chair, Internet Law Committee, 1997-2000)

Selected Reported Cases

  • Brady v. Lynes, 2008 WL 2276518 (S.D.N.Y. June 2, 2008) (art fraud)
  • Independent Wireless One v. Town of Charlotte, 242 F. Supp. 2d 409 (D. Vt. 2003) (telecommunications act violation)
  • Lynx Ventures, LLC v. Miller, 45 Fed. Appx. 68 (2d Cir. 2003) (copyright infringement)
  • Lazard Freres & Co. v. Protective Life Ins. Co., 108 F.3d 1531 (2d Cir. 1997) (business fraud)

Bar Admissions

  • New York (1993)
  • U.S. District Court, Southern District of New York (1993)
  • U.S. District Court, Eastern District of New York (1993)
  • Vermont (2000)
  • U.S. District Court, District of Vermont (2000)
  • U.S. Court of Appeals for the Second Circuit (2002)
  • U.S. District Court, Northern District of New York (2006)
  • U.S. Court of Appeals for the Federal Circuit (2011)
  • U.S. Tax Court (2014)