MacKay, Andrew S.

Andrew S. MacKay, a partner at Donahue Gallagher Woods LLP, specializes in litigation and business counseling in intellectual property (including copyright, trademark, trade dress, and trade secret), employment (including discrimination and wage and hour), general commercial litigation, and estate and trust litigation. Since joining the firm in 1998, his clients have ranged from small start-up businesses to international corporations. His work has garnered dismissals and judgments for defendants and judgments for plaintiffs well into the millions of dollars.

In addition to achieving beneficial results in both state and federal court, he has also negotiated favorable settlements for clients both prior to the filing of litigation and through mediation.

Mr. MacKay’s intellectual property expertise extends to both trademark and copyright disputes regarding infringement and licensing issues. Especially knowledgeable in legal issues involving computer and Internet law, Mr. MacKay’s intellectual property experience includes cases involving domain names, business software, video games, and musical recordings. He regularly advises clients in protection and marketing of their intellectual property rights, including the preparation of license and merchandise agreements. Mr. MacKay’s intellectual property work extends to the entertainment field, involving disputes related to performance and right of publicity issues.

His employment practice includes the representation of both employers and employees in administrative proceedings and state and federal court litigation. Mr. MacKay represents clients in disputes involving claims of harassment and discrimination on the basis of race, sex, and disability, as well as claims of unpaid wages. He represents clients in class actions. He also regularly counsels clients regarding proper compliance with employment laws, including the preparation of employee handbooks and employment agreements.

Mr. MacKay also represents clients in trust and estate litigation. He has represented clients in estate and trust matters involving claims of undue influence, forgery, holographic wills, breaches of fiduciary duties, and interpretation of ambiguous trust provisions.

His commercial litigation experience covers disputes involving a variety of business agreements ranging from software licenses and product warranties to distribution and reseller agreements. These cases often focus on complex issues of contract interpretation.

Mr. MacKay’s litigation experience also extends to the practice of real estate law. His real estate litigation practice includes numerous cases revolving around interpretation of commercial leases. Mr. MacKay has also represented clients in commercial and residential evictions.

Mr. MacKay received his law degree from the University of California at Berkeley, Boalt Hall School of Law at the University of California in 1998. During law school, he received the Anthony F. Draggonette Award for Outstanding Achievement in Civil Litigation Trial Practice, the American Jurisprudence Award for Civil Litigation Trial Practice, and was named the Best Oralist, Runner-Up, in Boalt’s McBaine Honors Moot Court Competition and also served on Boalt’s Moot Court Board.

He earned his Bachelor of Arts degree summa cum laude in English from Yale University in 1995. He is a member of Phi Beta Kappa.

Mr. MacKay is a member of the State Bar of California, including its litigation and intellectual property sections, and the Alameda and Marin County Bar Associations.