Andrew H. Erteschik

Partner
301 Fayetteville Street, Suite 1900, Raleigh, NC 27601

t: 919.783.2895

f: 919.783.1075

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Drew Erteschik focuses his practice on complex civil litigation and appeals.

He frequently represents clients in high-stakes business litigation and government disputes. Chambers USA: America's Leading Lawyers for Business has profiled his "highly acclaimed practice," and he has been recognized by North Carolina Super Lawyers and Business North Carolina's Legal Elite.

Drew's business litigation experience is diverse. He has litigated significant cases involving fraud and deceptive trade practices, health care law, antitrust and unfair competition, intellectual property, contract enforcement, defamation, professional liability, privacy and data security, and other sophisticated commercial controversies. A number of these matters have been brought as multiple-plaintiff cases or class actions. He has tried cases to successful verdicts in federal court, state court, arbitration, administrative tribunals, and the North Carolina Business Court.

Drew also frequently handles complex and controversial litigation against, and on behalf of, the government. Municipalities, counties, and state government agencies regularly engage him as their outside litigation counsel. He also represents professional associations, businesses, and individuals in their disputes with state or federal agencies. He has litigated significant cases involving balance-of-power issues, free speech, public education, False Claims Act and whistleblower claims, eminent domain, professional licensing, health care compliance, tax disputes, church-state issues, land use, gun control, and many facets of state constitutional law. His cases often involve a strong policy component, and he has won a number of constitutional challenges.

The North Carolina State Bar has named Drew as a board-certified specialist in appellate practice. He frequently appears before North Carolina's state appellate courts and the U.S. Court of Appeals for the Fourth Circuit. He has taught courses at the UNC School of Law as an adjunct professor, including an advanced course in appellate advocacy. Drew began his career clerking for Justice (now Chief Justice) Mark D. Martin of the North Carolina Supreme Court.

Drew is active in the appellate bar. For the past five years, he has served on the North Carolina Bar Association's Appellate Rules Committee, which makes recommendations to the North Carolina Supreme Court on issues of appellate procedure. He is Co-Chair of the American Bar Association's Judicial Division Amicus Committee, which evaluates the potential for amicus participation by the ABA in cases involving the judiciary. He also serves as Secretary and as a member of the Section Council of the North Carolina Bar Association's Appellate Practice Section.

Drew serves in leadership roles in various bar-related organizations and serves on government commissions focused on improving the quality of justice in North Carolina.

Representative Experience

  • Drew is currently lead plaintiffs' counsel in Henry v. North Carolina Acupuncture Licensing Board, a federal antitrust lawsuit brought by North Carolina physical therapists and their patients over access to dry needling, a type of physical therapy.
  • Drew is currently lead plaintiff’s counsel in a Whistleblower Act and civil RICO lawsuit against two district attorneys and the State. The lawsuit details how the plaintiff, a 20-year judicial branch employee, was fired in retaliation for reporting the district attorneys to the State Bureau of Investigation, which is now investigating the district attorneys for a scheme in which they hired each other’s wife for work they did not perform.
  • Drew currently represents North Carolina's State Board of Education in two separate constitutional challenges: a 2014 lawsuit challenging a state agency's nullification of the Board's rules governing the state's public schools, and a 2016 lawsuit challenging the legislature's attempt to strip the Board of its constitutional powers.

  • Drew currently represents the world's largest seller of tobacco seed in eight North Carolina Business Court cases involving multi-million dollar breach-of-warranty claims.

  • Drew is currently lead defense counsel for a national lender in a class action lawsuit alleging violations of the federal Servicemembers Civil Relief Act.

  • Drew is currently defending a hospital system in litigation over the alleged exposure of protected health information.

  • Drew currently represents a client in post-conviction proceedings before a three-judge panel appointed by the Chief Justice of North Carolina to determine his innocence in a 1994 murder.

  • As lead appellate counsel in Laws v. Priority Trustee Services, Drew obtained a decision from the Fourth Circuit affirming the dismissal of a multi-million dollar class action against our client on the grounds that the lawsuit impermissibly relied on lawyer ethics rules.

  • In North Carolina Association of Educators v. State of North Carolina, Drew won a First Amendment challenge to a state law that would have prohibited payroll dues deductions for approximately 50,000 current and retired public school employees. The Court struck down the law as unconstitutional.

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I understand and agree that Poyner Spruill LLP will have no obligation to keep confidential the information that I am now sending to the firm.