Kaye Scholer

Prior to joining Kaye Scholer, Andrew served as a law clerk to the Honorable Charles L. Brieant, United States District Court Judge for the Southern District of New York, from 1998 to 1999.

Product Liability

Andrew is a member of the firm’s Product Liability group, which is ranked top tier by Chambers USA (2007-2012) and by US News and World Report (2011-2012). The group was named Product Liability Group of the Year at the 2008 Chambers and Partners “USA Awards for Excellence” ceremony, and chosen as “Best Product Liability Practice” in 2006 by The American Lawyer.

Andrew has substantial experience representing pharmaceutical companies, including Pfizer, Novartis, and AstraZeneca, in product liability lawsuits involving both prescription and over-the-counter products. In this area, Andrew has been a key member of both national coordinating counsel teams and trial teams.

Representative Product Liability Matters

• In May 2012, Andrew, along with Pamela J. Yates (Partner in the Los Angeles office), served as co-lead trial counsel for Pfizer units Wyeth, Inc. and Wyeth Pharmaceuticals in U.S. District Court (Connecticut) and obtained a defense verdict on all counts related to a wrongful death suit involving Wyeth’s hormone therapy (“HT”) medications Premarin and Prempro. After a three-week trial, the jury dismissed all four of the alleged claims. This decision marks Andrew and Pamela’s second win in less than one year regarding both HT medications. Lynn Gardner Moss, et al. v. Wyeth, Inc., et al.
  
  
• In July 2011, Andrew, along with Pamela J. Yates, served as trial counsel for Pfizer units Wyeth Pharmaceuticals Inc. and Pharmacia & Upjohn Co. and obtained a defense verdict in a case involving claims of injuries from the client’s HT medicines. After a three-week trial, the jury found that the HT prescription medicines did not cause the plaintiff’s breast cancer and that the plaintiff’s claims were time-barred by the applicable statute of limitations. Notably, this is the first HT defense verdict for Pharmacia & Upjohn. Hines v. Wyeth, et al.
  
  
• In 2008 and 2010, Andrew served as national coordinating counsel in three HT trials in state and federal court.
  
  
• Since 2004, Andrew has represented Pfizer Inc and Pharmacia & Upjohn Co, and now Pfizer unit Wyeth Pharmaceuticals Inc., as national counsel in the HT Litigation, and has been responsible for all aspects of litigation, including trial preparation and trial, global strategy, settlement and mediations, and management and coordination of regional and local counsel.
  
  
• Representation of AstraZeneca in thousands of product liability lawsuits alleging that its atypical antipsychotic drug, Seroquel, causes diabetes and related injuries. Andrew assisted in the strategic end game/settlement analysis that contributed to the successful resolution of the litigation.
  
  
• Representation of Novartis Consumer Health, Inc. in connection with plaintiffs who claimed injuries from over-the-counter products containing PPA. In his role as national coordinating counsel, Andrew was responsible for management and coordination of regional and local counsel, as well as strategy and discovery in the coordinated New York proceedings.

Complex Commercial Litigation

Andrew has represented plaintiffs and defendants in civil litigations in courts across the United States, involving commercial, contract, securities, foreign current trading, trademark, patent, intellectual properly and civil RICO claims.

Representative Complex Commercial Litigation Matters

• Representation of international aerospace corporation in multi-billion dollar patent case brought based on technology related to the jet engines used on the world’s largest airplane.
  
  
• Representation of a private equity firm in a breach of contract action arising out of a reimbursement agreement for due diligence expenses incurred in connection with evaluation of a nationwide retail chain.
  
  
• Representation of a multi-million dollar charitable trust and its trustees in a civil RICO action alleging unfounded claims of fraud.
  
  
• Representation of family company that makes leading global household brands in a trademark appeal protecting famous brand marketing slogan.
  
  
• Representation of investor in a claim against international brokerage house for breach of fiduciary duty and negligence involving the clients foreign currency trading account. The trial resulted in a then-landmark jury verdict resulting in a damages award of $164.5 million.

Client Counseling

Andrew was seconded as in-house counsel by a pharmaceutical manufacturing client of the firm. In his capacity as in-house counsel, Andrew served as brand lawyer for two actively marketed pharmaceutical products for which he has counseled on commercial, transactional, policy and litigation matters. As a result of his tenure as in-house counsel for the client, Andrew has a real-world understanding of the in-house corporate legal function, and substantial experience counseling corporate executives and employees on a variety of legal and commercial issues.

Pro Bono

Andrew is committed to pro bono and public legal services, having represented clients in matters ranging from gender discrimination to civil rights to personal injury disputes.