Andrew McIlvaine practices primarily in the areas of employment law and litigation, commercial and general business counseling and litigation, real estate litigation, landlord/tenant law, construction litigation, contract drafting and negotiations, complex administrative hearing proceedings and appeals, non-competition and non-solicitation disputes, judgment enforcement and collection proceedings. He regularly represents clients in state and federal lawsuits, as well as administrative proceedings including cases before the Massachusetts Commission Against Discrimination and Equal Employment Opportunity Commission.
Andrew is admitted to practice law in the Commonwealth of Massachusetts, the United States District Court – District of Massachusetts, the State of Ohio, and the United States District Court – Northern District of Ohio.
Prior to joining Bennett & Belfort, P.C., Andrew practiced at Palecek, McIlvaine, Hoffmann & Morse, L.P.A., and as a sole practitioner. His legal counseling and litigation experience is extensive, and includes:
* Litigation of employment claims, including discrimination and harassment claims, Americans With Disabilities Act (“ADA”) claims, Title VII, Age Discrimination In Employment Act claims (“ADEA”), Family Medical Leave Act (“FMLA”) claims and corresponding state claims, trade secret, confidentiality, and non-compete covenants.
* Advising clients of their legal rights and obligations with respect to employment and termination issues.
* Representing individuals and businesses in administrative and public hearings at the local, state administrative, and federal administrative levels, including claims involving the ADA, Title VII, ADEA, the Fair Housing Act, FMLA and parallel state claims, zoning variances, liquor licensing, and real estate zoning rights.
* Drafting and negotiating contracts, including business sale and security agreements, incorporations, business operating agreements, UCC provisions, agreements subject to state and federal business franchise laws, settlements and releases, and complex multi-million dollar land developer deals.
* Litigation of both jury trials and non-jury trials, judicial, administrative, and grievance hearings, public and agency proceedings, and matters before licensing boards.
* Representing tenants and landlords in evictions, zoning variance and appeals, housing discrimination claims, and mechanics lien resolution.
Education / Background
Andrew received his Juris Doctorate with Cum Laude honors from The Ohio State University College of Law, Columbus, Ohio, 1996, and was awarded West Publishing’s Clinical Programs Honor for performance in civil law clinic. He earned his Bachelor of Arts with Magna Cum Laude and Phi Beta Kappa honors from Marietta College, Marietta, Ohio, 1993. While at Marietta, Andrew also completed Marietta College’s Honors Program, the Bernard McDonough Center for Leadership and Business Program, and American University’s American National Government Program in Washington, D.C.
Andrew lives with his wife and daughter in Cambridge, Massachusetts, where he is an enthusiastic hiker, volunteer at park and river clean-up projects, and participant in regional compass and topography map orienteering races.
Andrew has served as a trustee and officer on a variety of public boards and non-profit corporations, including municipal Boards of Zoning Appeals, the Wadsworth Public Library, the New England Orienteering Club, Habitat for Humanity of Medina County, and the Wadsworth Blue Tip Match Festival and Parade – an annual event which raises funds to support multiple community initiatives based in Wadsworth, Ohio.
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