Andrew A. DePeau

Partner

  • Overview

    Biography

    Andrew DePeau is a member of the firm's Business Litigation and Bankruptcy + Reorganizations Groups, with a focus on business litigation, bankruptcy, and dispute resolution. He represents clients in the banking, finance, and manufacturing industries and has handled matters involving business torts, contract disputes, bankruptcy and creditors’ rights, and real estate issues.

    Business Litigation

    Andrew represents business clients nationwide in a variety of lawsuits in state and federal courts across the country. He has also represented clients in arbitrations, mediations, and other alternative dispute resolution forums, as well as  on appeal.  Andrew has significant courtroom experience, representing clients at multiple trials and evidentiary hearings.  Additionally, he has helped clients avoid trial by obtaining favorable decisions on numerous motions to dismiss and motions for summary judgment.  Most recently, Andrew was able to obtain summary judgment on behalf of a plaintiff in state court, which led to a seven-figure settlement for the client.  

    Financial Services and Contract Litigation

    Andrew represents banks, investment management companies, insurance companies, and others in the financial services industry. He has represented investment management companies and their officers against claims of negligence, breach of fiduciary duty, and intentional mismanagement. Andrew also has successfully assisted clients in complying with third-party subpoenas and responding to threats of litigation. He also works with a variety of financial institutions in breach of contract actions, foreclosures, and post-judgment enforcement.  

    Andrew represents a wide range of businesses in the resolution of contract disputes. He is often called upon to evaluate and provide pre-litigation guidance on contract issues and then to negotiate resolutions with the contract counter-party.  Andrew often has been able to obtain favorable resolutions for his clients either prior to a lawsuit being filed or shortly thereafter.  

    Bankruptcy and Creditor’s Rights Litigation

    Andrew represents clients in a variety of bankruptcy matters, including Chapter 11 debtors and secured and unsecured creditors.   His bankruptcy experience includes litigation of fraudulent transfer claims, preference claims, adversary proceedings, and relief from stay disputes. Andrew has handled various creditors’ rights disputes, including representing mortgagees and landlords in foreclosure proceedings. 

    Prior to joining the firm, Andrew was a law clerk for Judge F. Herbert Gruendel of the Connecticut Appellate Court. During law school, he was an intern law clerk for the State of Connecticut and two Hartford-based corporations. He was awarded the Bankruptcy Medal of Honor and the Aspen Law and Business Award for Evidence and received the top grade in seven of his law school courses. 

    In addition to his legal experience, Andrew has substantial experience in business. Prior to attending law school, he spent eight years working for a successful start-up business that conducts investigations of hedge fund managers for banks, large endowments, family offices, and fund-of-funds.

  • Experience
    • Experience

      Experience

      • Obtained favorable settlement on behalf of a Connecticut-based investment company in a civil lawsuit brought by a former investor. The plaintiff initially sought six-figure damages. After briefing a motion to dismiss and serving discovery, the plaintiff agreed to a settlement that was a fraction of its initial demand.

      • Prevailed at the summary judgment stage on breach of contract action brought by our client against a company that refused to pay for goods and services rendered. After fully briefing the issue, the court granted summary judgment and the client was able to avoid the necessity and expense of trial.

      • After a court hearing, succeeded in foreclosing a large commercial property in South Windsor and obtaining a multi-million dollar deficiency judgment for our distressed investment company client.

      • Succeeded in obtaining a protective order to avoid subjecting client to burdensome and unnecessary depositions. 

      • Precluded opposing party’s expert witness in a class action tax appeal where we represented a group of Connecticut property owners. 

      • Successfully argued against summary judgment in commercial foreclosure action brought by investment bank client in Connecticut state court. 

      • Briefed and obtained partial summary judgment in high stakes litigation involving a private school in Connecticut.  

    • Professional Associations

      Professional Associations

      Connecticut Bar Association

      American Bar Association

      Oliver Ellsworth American Inn of Court (2016)

      Turnaround Management Association (2017)
    • Honors + Awards

      Honors + Awards

      Selected as a Rising Star to the Connecticut Super Lawyers list from 2017 to 2022.

      Selected by his peers for inclusion in Best Lawyers: Ones to Watch in the area of Commercial Litigation since 2021.

      Robinson+Cole Community Service Award, 2022

      Named to the Connecticut Coalition Against Domestic Violence (CCADV) First 100 Plus Class of 2023 for demonstrating leadership and commitment to improving the lives of domestic violence survivors throughout Connecticut.

    • Community Involvement

      Community Involvement

      Boys and Girls Clubs of Hartford
      Board of Trustees (2021 - Present)

      South Park Inn
      Vice President
      Past Secretary
      Board of Directors
  • NEWS + PRESS
    • Publications

      Publications

      "Pre-Petition Liens in ‘Accounts’ May Not Survive Post-Petition Sales," co-authored with Annecca H. Smith, published in the ABI Journal, the member publication of the American Bankruptcy Institute (May 2023)
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      "Is the ACA Penalty Entitled to Priority Treatment as a Tax Under the Bankruptcy Code?" co-authored with Ryan M. Messina, published as a Consumer Corner piece in the October 2022 issue of the ABI Journal (October 2022)
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      "Pressed for Time: A Real Estate Purchaser's Right to Invoke Section 108(B) to Extend The Time for Performance When the Contract Provides That Time is of the Essence," co-authored with Ryan M. Messina, published in the Norton Journal of Bankruptcy Law and Practice (December 2020)
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      "Section 510 — Subordination, Recent Developments," co-authored with Ryan M. Messina and Patrick M. Birney, which was published in the Norton Annual Survey of Bankruptcy Law. (August 2020)
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      "Permission to Sue: Applying the Barton Doctrine to Unsecured Creditors' Committee Members," published in American Bankruptcy Institute Journal (April 2017)
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      "Unharnessing the Governmental-Unit Stay Exception: SEC v. Miller," co-authored with Patrick M. Birney (May 2016)
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    • Presentations

      Presentations

      "Commercial Law and Bankruptcy: The Year in Review," presented as part of the Connecticut Bar Association's (CBA) 2021 Connecticut Legal Conference (6/15/2021)

    • News

      R+C in the News

      • June 1, 2023

        Andrew DePeau and Annecca Smith Author ABI Journal Article on Why “Pre-Petition Liens in ‘Accounts’ May Not Survive Post-Petition Sales”

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      • May 31, 2023

        Bankruptcy + Reorganizations Group Lawyers Author Articles Included in "Best of ABI 2022 "

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      • October 20, 2022

        Andrew DePeau and Ryan Messina Author ABI Journal Article on ACA “Penalty” and the Bankruptcy Code

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      • August 2, 2022

        Robinson+Cole Presents Annual Awards for Outstanding Contributions

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      • July 14, 2021

        Andrew DePeau, Tom Donlon and Evan Seeman Present at CBA's 2021 Connecticut Legal Conference

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      • June 29, 2021

        Andrew DePeau Elected to Board of Trustees of the Boys & Girls Clubs of Hartford

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      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • April 11, 2017

        Andrew DePeau Authors Article for ABI Journal

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      • June 9, 2016

        Hartford Lawyers Publish Article in ABI Journal

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      • November 12, 2015

        Robinson+Cole Hosts Domestic Violence Restraining Order Program for Lawyers

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      R+C News Releases

      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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      • May 12, 2023

        Robinson+Cole Lawyers Named to CCADV’s First 100 Plus Class of 2023

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      • December 22, 2022

        Robinson+Cole Elects Five Partners

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      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

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      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

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      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 8, 2015

        Robinson+Cole Welcomes 10 New Lawyers

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