Andrew Solow, a partner in Kaye Scholer’s New York office, focuses on mass tort pharmaceutical product liability litigation and complex commercial litigation. For more than 15 years, Andrew has provided counsel on litigation strategy to domestic and international corporations, individual clients, charitable trusts, and private equity funds in all phases of the litigation process, including motion practice, discovery, trial preparation and trial, alternative dispute resolution, appellate work, and end game/settlement analysis.
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.
Andrew is a core member of the firm’s Product Liability group, which is ranked by Chambers USA (2007-2015), US News and World Report (2011-2015) and Benchmark Litigation (2013-2015), and was recognized in 2013 as Product Liability Practice Group of the Year by Law360. Andrew has substantial experience representing pharmaceutical companies, including Pfizer, Bayer, Novartis, AstraZeneca, and Endo Pharmaceuticals Inc. in product liability lawsuits involving both prescription and over-the-counter products. In this area, Andrew has acted as both national counsel and trial counsel.
Representative Product Liability Matters
- Currently national counsel for Endo Pharmaceuticals Inc. in product liability litigation, including an MDL, involving TRT (Testosterone Replacement Therapy) products defending against claims of heart attack, stroke and related cardiac issues.
- Currently national counsel for Bayer Corporation and Bayer Healthcare Pharmaceuticals, Inc., defending their prescription antibiotic medications Cipro® and Avelox® in product liability litigation, including an MDL.
- Currently national coordinating counsel for Bayer Corporation and Bayer Healthcare Pharmaceuticals, Inc., defending their oral anticoagulant prescription medication, Xarelto® in product liability litigation, including an MDL.
- Currently defending Pfizer Inc. as co-national counsel in product liability lawsuits alleging birth defects related to the antidepressant Zoloft®.
- Successfully defended Pfizer Inc. and Wyeth Pharmaceuticals Inc. as co-national counsel in product liability lawsuits alleging birth defects related to the antidepressant Effexor XR®, including dismissal of all cases pending in the MDL.
- Trial counsel and national counsel for Pfizer Inc. and Pharmacia & Upjohn Co, and Wyeth Pharmaceuticals Inc., in the Hormone Therapy Litigation 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. Notable trial victories include the following:
– 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 US 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.
- 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, fraud, antitrust, securities, foreign currency trading, trademark, patent, intellectual properly and civil RICO claims.
Representative Complex Commercial Litigation Matters
- Trial counsel and national counsel for King Pharmaceuticals in pending MDL with three putative class and multiple individual antitrust actions alleging that the manufacturer conspired with a potential generic entrant to delay or block generic entry in violation of Section 1 of the Sherman Act and certain state antitrust, unfair trade practices and related laws.
- Trial counsel to an international process technology group connection with a multi-million dollar breach of contract and fraud action relating to the construction of an ethanol plant. The lawsuit resulted in a favorable settlement three weeks before the trial was scheduled to begin.
- Representation of international aerospace corporation in multibillion 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 multimillion 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.
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.
Publications & Presentations
Andrew regularly authors and speaks on a wide range of product liability litigation topics through numerous mediums. Since 2013, Andrew has been an editor for Law Journal Newsletters: Product Liability Law & Strategy (an ALM website).
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.
In The Market
- Judge Grants Pfizer’s Motion for Summary Judgment in Zoloft MDL April 7, 2016 • Client Successes
- Judge Excludes Testimony from Plaintiff’s Latest General Causation Expert in Pfizer Zoloft MDL December 8, 2015 • Client Successes
- Preemption Victory on Motion to Dismiss for ANDA-Approved Product in TRT Litigation November 10, 2015 • Client Successes