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 high-stakes business litigation, government disputes, and appeals.

Clients trust him to take the lead on their most significant matters, especially those with challenging or novel legal issues.  Chambers USA: America's Leading Lawyers for Business has profiled Drew's "highly acclaimed practice," and he has been recognized in North Carolina Super Lawyers and Business North Carolina's Legal Elite.

In recent months, he has represented a coalition of craft breweries in a constitutional challenge to state beer-distribution laws, defended the world's largest seller of tobacco seed in litigation over whether the industry's labels are enforceable, pursued a federal antitrust lawsuit to protect patient access to a popular physical therapy treatment, represented the State Board of Education in balance-of-power litigation against the state legislature, and brought a whistleblower lawsuit against two elected district attorneys that resulted in their resignations. On multiple occasions over the past several years, he has persuaded courts to strike down state laws as unconstitutional.

In his defense of businesses and local governments, Drew has a track record of winning dismissals of high-exposure lawsuits soon after they are filed. He also has significant trial experience, and he has tried cases to successful verdicts in federal court, state court, arbitration, administrative tribunals, and the North Carolina Business Court.

Drew is a board-certified specialist in appellate practice. He frequently appears before North Carolina's appellate courts and the Fourth Circuit, and he has taught appellate advocacy at the UNC School of Law as an adjunct professor. 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. 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 has also been appointed vice chair of the North Carolina Bar Association's Appellate Rules Committee, which makes recommendations to the North Carolina Supreme Court on issues of appellate procedure. In addition, he is a member of the leadership of the North Carolina Bar Association's Appellate Practice Section.

Drew serves on a number of boards and commissions focused on improving the quality of justice in North Carolina. In 2015, he was appointed to the Commission on the Administration of Law and Justice, a newly created state commission responsible for evaluating court reform. He also currently serves on the Chief Justice's Commission on Professionalism.

Representative Experience

  • Drew is currently co-lead counsel for the plaintiffs in Craft Freedom v. North Carolina, a constitutional challenge to confiscatory state laws that force craft breweries to hand over their self-distribution businesses, distribution rights, brand control, and future profits to private distributors. 
  • 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 other state officials.  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.  Both district attorneys have resigned in the wake of the lawsuit. 
  • 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.

read all representative experience
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