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Andrew N. Nathanson

Special Counsel

[email protected]



Andy is a founding chair of the firm's Appellate Practice, an interdisciplinary, cross- practice group of attorneys, dealing with complex appellate strategy at all levels and across industries. He focuses his practice on appeals and complex motions, and he has represented corporate and individual clients in matters as diverse as white-collar criminal prosecutions, environmental enforcement actions, trade secret and other employment litigation, antitrust lawsuits, and internal and external investigations by agencies of both state and federal governments as well as in a wide range of business and commercial disputes.

He has participated in the firm’s pro bono efforts, representing indigent clients in criminal appeals and in immigration proceedings at both the administrative and appellate levels, and is a member of the team of Mintz lawyers that has assisted in legal efforts supporting the reconstruction of Mississippi’s Gulf Coast after Hurricane Katrina.

In addition to his practice at Mintz, Andy was staff counsel to the US Court of Appeals for the First Circuit from 1990 to 1993, where he drafted more than 100 per curiam opinions of the court, and worked as in-house litigation counsel to a major financial services firm in Boston from 1999 to 2000.

He has taught both Legal Research and Writing (at Boston University School of Law) and Law and Ethics of Lawyering (at New England School of Law).

Before law school, Andy worked in New York as a magazine editor.


  • Obtained a decision by the Connecticut Supreme Court that reversed an injunction and a seven-figure judgment against our client on trade secret and unfair competition claims.
  • Represented the appellant in this case concerning tax liabilities relating to escrow release contracts arising out of the settlements of class action tobacco litigation.
  • Represented a Canadian insurance company in its reinsurance contract dispute with an American insurance company. The US Court of Appeals for the First Circuit affirmed the District of Massachusetts’s award of summary judgment to our client.
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Read more about how Mintz's attorneys Andrew Nathanson, Katharine Foote, Danielle Dillon, and Edmund Daley advocated for victims rights and privacy during a complex criminal case.

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Mintz attorneys represented advocacy groups that intervened in federal litigation to support a temporary selection process for Boston’s exam schools for the 2021–2022 school year. A federal district court judge held the plan to be race-neutral, and Special Counsel Andy Nathanson helped counter the plaintiff’s motion to stop the plan’s implementation during the appeal process. Following revelations of new evidence, the district court judge reaffirmed his ruling.
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News & Press

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Pro bono litigation team recognized for work to achieve groundbreaking victory for immigrants’ rights and mentorship provided to the legal community.
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An article published by Massachusetts Lawyers Weekly reported that a victory secured in federal court by lawyers from Mintz and the American Civil Liberties Union is having a profound effect on the way bond hearings are conducted in deportation cases. The article included commentary from attorneys on the front lines in the Boston immigration court. One lawyer called the ruling a “breath of fresh air” and a “massive change in the law.”
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Articles published by Law360 and MassLive reported that Mintz, together with the ACLU of Massachusetts and the ACLU of New Hampshire, achieved a groundbreaking victory for immigrants’ rights when Chief U.S. District Judge Patti B. Saris ruled that the government’s practice of detaining certain immigrants by default violates both due process and the Administrative Procedure Act.

The first-of-its-kind class action lawsuit, Pereira Brito v. Barr, was filed in June on behalf of immigrants who were jailed due to flawed detention hearings in which the detainee was required to bear the burden of proof as to not being a flight risk or a danger to the community. The latest ruling holds that the class of immigrants are entitled to bond hearings at which the government bears the burden of justifying an immigrant’s detention, and at which the immigration court must consider someone’s ability to pay when setting a bond amount.

The Mintz pro bono team representing the plaintiffs in this case includes Members Susan Finegan and Susan Cohen, Special Counsel Andrew Nathanson, and Associates Mathilda McGee-Tubb, Jennifer Mather McCarthy, and Ryan Dougherty.
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An article published by Law360 reported that Mintz successfully defended the Wychmere Beach Club, a small Massachusetts resort property, in a lawsuit brought by the Conservation Law Foundation alleging that the Beach Club’s wastewater treatment facility needs a federal permit under the Clean Water Act in addition to the state permit it already has under the Massachusetts Clean Waters Act because the treated effluent from the wastewater treatment facility percolates through soil to groundwater that is connected to Wychmere Harbor. In the ruling, U.S. District Judge William Young agreed that the Beach Club’s discharges were not covered by the federal law.

The Mintz team representing the Wychmere Beach Club includes Mintz Member and Chair of the firm's Environmental Law Practice Jeffrey R. Porter, and Co-Chairs of the firm's Appellate Practice Andrew N. Nathanson (Special Counsel) and Emily Kanstroom Musgrave (Member).
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Law360 covered a summary judgment argument by lawyers from Mintz and the American Civil Liberties Union in a class action lawsuit, Pereira Brito v. Barr, challenging the government’s practice of denying due process to detained immigrants.
An article published by Law360 covered a motion hearing in a class action lawsuit, Pereira Brito v. Barr, filed by Mintz, together with the ACLU of Massachusetts and the ACLU of New Hampshire, challenging the government’s practice of denying due process to detained immigrants.
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Events & Speaking


Pro Bono Appellate Pilot Program

Boston Bar Association

16 Beacon Street, Boston, MA

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Recognition & Awards

  • Adams Pro Bono Publico Award, Massachusetts Supreme Judicial Court (2011)

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  • Member, First Circuit Criminal Justice Act Panel
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