Andrew K. McVey

A member of the firm’s litigation section, Andrew K. McVey has a practice that spans three primary areas: Employment law, civil litigation and mediation, and community association law.

Andy is a North Carolina Bar Board Certified Specialist in Employment Law. Andy has considerable experience defending employers in federal and state court, and before administrative agencies such as the Equal Employment Opportunity Commission, the United States and North Carolina Departments of Labor, the National Labor Relations Board and other agencies. More particularly, he litigates employment discrimination, harassment, wrongful and retaliatory discharge, wage-and-hour, breach of fiduciary duty, and covenant not to compete claims on behalf of management. Andy also investigates personnel matters, drafts personnel policies, contracts, and separation agreements, and frequently advises employers regarding leave and disability accommodation requests, discipline, and other matters.

Andy’s litigation practice is broad and includes, among other things, the pursuit and defense of claims related to shareholder disputes, the enforcement of contracts for the sale of real property and business interests, the making of wills and trusts, and all manner of business relationships which become acrimonious. As examples of his litigation experience, Andy has:

• Obtained an early dismissal of an Italian hair care products manufacturer in a federal action alleging millions of dollars in damages arising from the breach of an alleged distribution agreement, affirmed following oral argument before the Fourth Circuit Court of Appeals;
• Successfully defended a bank before the trial court and Court of Appeals against allegations of breach of fiduciary duty spanning several decades;
• Obtained summary judgment on behalf of Defendant in a multi-million dollar fraudulent transfer claim;
• Obtained summary judgment invalidating a right-of-first-refusal which impeded a $56 million transaction;
• Won a defense jury verdict in a breach of contract claim related to the use of a downtown Wilmington parking lot and claimed damages of more than $500,000; and
• Served as local counsel for a defamation plaintiff in a federal action resulting in a jury verdict of $15,850,000 in compensatory and $6.5 million in punitive damages., which settled for $16 million post-appeal.

Andy advises homeowners associations regarding various matters arising under their governing documents, the Planned Community Act, and the Non-Profit Corporation Act.

Andy splits his time between Wilmington and Winston-Salem, where he has a home on the Wake Forest University campus.