Andrew Kay is a litigation partner in the firm’s Washington, D.C., office. Andrew focuses his practice on complex commercial, financial services and securities litigation. He has successfully litigated a wide range of matters in federal and state courts throughout the country, including breach of contract and business tort cases, M&A litigation, securities fraud and shareholder derivative suits, governance disputes, consumer class actions, and disputes over intellectual property ownership rights. He has handled matters on behalf of clients in numerous industries, including chemicals, medical devices, pharmaceuticals, mortgage lending, insurance, telecommunications equipment, computer software, and energy.
Andrew received his J.D., magna cum laude, from the University of Michigan Law School where he was elected to the Order of the Coif and was an editor of the Michigan Law Review. Following law school, he clerked for The Honorable Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit. He received his B.A. from Cornell University. Andrew is active in his community and currently serves as president of the Board of Trustees of the Aidan Montessori School.
- Lead counsel for a specialty chemicals manufacturing company in an indemnification action in New York state court arising out of client’s creation through an acquisition by a private equity buyer. As the plaintiff, won summary judgment entitling the client to complete indemnification for a $130 million claim. Successfully defended the judgment on appeal to the Appellate Division and New York Court of Appeals.
- Litigation counsel for a satellite launch company in an action brought in connection with a Chapter 11 debtor case. Successfully defended against claims that the client was responsible for damage to a satellite in connection with a pre-launch accident at a launch facility in Kazakhstan.
- Trial counsel for a generic drug manufacturer in an ANDA patent infringement action concerning the client’s efforts to market a generic drug for the treatment of Parkinson’s disease.
- Defended a medical device manufacturer in a trade secret misappropriation case involving the ownership of the client’s patent related to its needle-free intravenous valves. After assuming defense of the case during the post-trial proceedings, on appeal to the Ninth Circuit, won the reversal of the district court’s order that had assigned ownership of the client’s patent to the plaintiffs.
- Trial counsel for a telecommunications equipment manufacturer in a patent infringement action related to cellular base station equipment. Successfully obtained a pre-trial ruling preventing the plaintiffs from presenting a nine-figure damages claim to the jury, and obtained a jury verdict of non-infringement.
M&A and Shareholder Litigation
- Litigation counsel for special committee of the board of directors of a publicly-traded company that provides transactional television services and distributes general motion picture entertainment. In response to a proxy contest initiated by a minority shareholder group seeking to replace four of the company’s six directors, pursued litigation asserting that the group had violated Section 13(d) of the Securities Exchange Act of 1934, as well as the company’s bylaws. Secured successful settlement with an agreement by the minority group to terminate their proxy contest.
- Litigation counsel for a home mortgage lender in a series of shareholder and related disputes, including securities fraud class actions and fiduciary duty class actions. Defeated the shareholders’ attempt to enjoin the client’s acquisition by a private equity buyer. Represented the client in related regulatory investigations.
- Defended a construction contracting company in a range of shareholder disputes, including a securities fraud class action and a shareholder fiduciary duty action attempting to enjoin the client’s $850 million merger. Successfully opposed an attempt to enjoin the merger, and obtained dismissal of the securities fraud case.
- Lead counsel for insurance company in connection with governance-related derivative lawsuit. Obtained successful settlement that dismissed claims of dissident group.
Insurance and Consumer Litigation
- As trial counsel, successfully defended claims against a life insurance company in a mass arbitration involving claims asserted by over 300 insurers alleging fraudulent and unfair sales and marketing practices.
- As national arbitration counsel for a life insurance company, successfully litigated motions to compel arbitration in numerous federal and state courts.
- On behalf of a life insurance company, obtained an injunction against a state insurance commissioner that enjoined the commissioner from refusing to approve a mandatory arbitration provision for resolution of disputes contained in client’s insurance contracts.
- Litigation counsel for a liability insurance company in putative class action alleging fraud in connection with sales and marketing of insurance products. After discovery, obtained a successful settlement that absolved client of responsibility where settlement obligations were borne by the co-defendant.
- Litigation counsel for a leading internet service provider in connection with putative class actions regarding membership data and billing practices and regarding software interoperability.
An Alston & Bird team led by Washington, D.C. corporate transactions and securities partner Keith E. Gottfried represented the special committee of the board of directors of publicly traded New Frontier Media, Inc., in its sale to LFP Broadcasting, LLC. New Frontier, based in Boulder, Colorado, is a leading provider of transactional television services and distributor of general motion picture entertainment.
November 28, 2012
In the Press
August 16, 2010
In the Press