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Drew Erteschik

Partner
t: 919.783.2895

Drew Erteschik focuses on high-stakes litigation and appeals.

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Biography

Clients trust Drew 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 Benchmark Litigation has named him a “state litigation star.” He has also been recognized in The Best Lawyers in America, North Carolina Super Lawyers, and Business North Carolina’s Legal Elite.

In recent months, he has successfully represented a coalition of craft breweries in a constitutional challenge to beer laws, successfully petitioned the U.S. Supreme Court for a writ of certiorari in a billion-dollar case, won a settlement on behalf of physical therapists and consumers in a federal antitrust lawsuit, persuaded a government agency to repeal its own tax rules as “untenable,” and brought a whistleblower lawsuit that resulted in two elected district attorneys being convicted. On multiple occasions over the past several years, he has persuaded courts to strike down state laws as unconstitutional.

Drew frequently defends corporate and government defendants, and he has a track record of winning dismissals of high-exposure lawsuits soon after they are filed. He has significant trial experience, which includes 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. He has also taught appellate advocacy as an adjunct professor at the UNC School of Law. Drew began his career clerking for Justice (later Chief Justice) Mark D. Martin of the North Carolina Supreme Court.

Drew is active in the appellate bar. He currently co-chairs 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 is also the incoming 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.

Drew serves on a number of boards and commissions focused on improving the quality of justice in North Carolina.

Areas of Focus

+Litigation

  • The North Carolina Department of Revenue recently engaged Drew in a US Supreme Court case with nationwide implications. The case asks whether the Due Process Clause allows a state to tax a trust when a trust beneficiary lives in that state.
  • Drew was 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. In March 2019, the defendants yielded to all of our clients demands, and it paid our clients a large monetary settlement.
  • Drew is lead counsel for a large corporate plaintiff in a lawsuit seeking millions of dollars in royalty payments owed by Garden & Gun Magazine.
  • Drew is defending the City of High Point against a billboard company’s constitutional challenge to the city’s sign ordinance.
  • Drew is lead plaintiff’s counsel in a whistleblower lawsuit against two elected district attorneys. 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. In the wake of the lawsuit both district attorneys were convicted.
  • Drew is currently lead counsel for a whistleblower plaintiff in a major qui tam lawsuit involving a large corporate defendant’s government fraud.
  • 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 a company 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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+Appellate Practice

  • The North Carolina Department of Revenue recently engaged Drew in a US Supreme Court case with nationwide implications. The case asks whether the Due Process Clause allows a state to tax a trust when a trust beneficiary lives in that state.
  • 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 a company on the grounds that the lawsuit impermissibly relied on lawyer ethics rules.
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+Business Litigation

  • Drew is lead counsel for a large corporate plaintiff in a lawsuit seeking millions of dollars in royalty payments owed by Garden & Gun Magazine.
  • As lead defense counsel for a nationwide lender, Drew persuaded a federal court to dismiss a class-action lawsuit alleging thousands of violations of the federal Servicemembers Civil Relief Act.
  • 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 a company on the grounds that the lawsuit impermissibly relied on lawyer ethics rules.
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+Government

  • The North Carolina Department of Revenue recently engaged Drew in a US Supreme Court case with nationwide implications. The case asks whether the Due Process Clause allows a state to tax a trust when a trust beneficiary lives in that state.
  • Drew was 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. In March 2019, the defendants yielded to all of our clients demands, and it paid our clients a large monetary settlement.
  • Drew is defending the City of High Point against a billboard company’s constitutional challenge to the city’s sign ordinance.
  • Drew is lead plaintiff’s counsel in a whistleblower lawsuit against two elected district attorneys. 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. In the wake of the lawsuit both district attorneys were convicted.
  • Drew is currently lead counsel for a whistleblower plaintiff in a major qui tam lawsuit involving a large corporate defendant’s government fraud.
  • 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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+Government & Constitutional Litigation

  • The North Carolina Department of Revenue recently engaged Drew in a US Supreme Court case with nationwide implications. The case asks whether the Due Process Clause allows a state to tax a trust when a trust beneficiary lives in that state.
  • Drew was 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. In March 2019, the defendants yielded to all of our clients demands, and it paid our clients a large monetary settlement.
  • Drew is defending the City of High Point against a billboard company’s constitutional challenge to the city’s sign ordinance.
  • Drew is lead plaintiff’s counsel in a whistleblower lawsuit against two elected district attorneys. 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. In the wake of the lawsuit both district attorneys were convicted.
  • Drew is currently lead counsel for a whistleblower plaintiff in a major qui tam lawsuit involving a large corporate defendant’s government fraud.
  • 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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Credentials

+Certifications & Specializations

Board-Certified Specialist in Appellate Practice

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+Education

University of North Carolina, JD

University of North Carolina, BA

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+Notable Accomplishments

Recognized by Chambers USA: America’s Leading Lawyers for Business (Litigation: General Commercial), 2016-2018

North Carolina State Bar Board-Certified Specialist in Appellate Practice

Ranked among Super Lawyers magazine’s North Carolina “Rising Stars,” 2011, 2013-2017, and “Super Lawyers“, 2018

Ranked in Business North Carolina magazine’s “Legal Elite,” 2015, 2017-2018

2016 North Carolina Pro Bono Honor Society

Named 2018 State Litigation Star by Benchmark Litigation

Phi Beta Kappa

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+Professional & Community Activities

NC Commission on the Administration of Law and Justice (2015-2017) (appointed by the Chief Justice of North Carolina)

Chief Justice’s Commission on Professionalism (2016-present) (appointed by the Chief Justice of North Carolina)

American Bar Association – Co-Chair (2016-present) and member (2014-present) of Judicial Division Amicus Committee; Liaison to Young Lawyers Division, Judicial Division (2013-2014); Articles Contributor, Lawyer Professional Liability e-Advisory Journal (2011-2013); Lawyers’ Conference, Judicial Division (2012-present)

NC Bar Association – Vice Chair (2017-present) and member (2011-present) of Appellate Rules Committee; Treasurer (2017-present), Secretary (2016-2017), and Section Council member (2015-present) of Appellate Practice Section; Section Council member and Membership Chair, Government and Public Sector Section (2017-present); Strategic Planning and Emerging Trends Committee (2014-2017)

Wake County Bar Association – Board of Directors (2014-2017); Grievance Committee, Tenth Judicial District Bar (2014-2016); Vice Chair, Strategic Planning Implementation Committee (2014); Chair, Sponsorship Committee (2012-2013); Strategic Planning Implementation Committee (2014); Sponsorship Committee (2011-2013)

NC Supreme Court Historical Society – Board of Trustees (2010-2016); Second Vice President (2010-2011); Membership Chair (2010-2011); Chair, Annual Meeting Committee (2009)

UNC School of Law – Adjunct Professor, Appellate Advocacy (2009); Adjunct Instructor, Legal Writing (2007-2010); Faculty Coach, Moot Court Program (2009)

Arbitrator, Wake County District Court Mandatory Arbitration Program (2012-2013)

Pro Bono Appellate Counsel, NC Guardian ad Litem Program (2010-present)

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