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| Practice: | Complex Commercial Litigation and Arbitration, with an emphasis on Reinsurance and Antitrust Disputes |
| | Experience: | Andy has extensive experience representing corporations, partnerships, and individuals in a wide range of commercial disputes before trial and appellate courts, administrative agencies, and arbitration panels throughout the country. He has litigated multi-million dollar reinsurance disputes on behalf of cedents and reinsurers and represented plaintiffs and defendants in cases involving claims of antitrust price fixing and monopolization, breach of contract, statutory, common law, and consumer fraud, copyright infringement, breach of non-compete agreements, breach of fiduciary duty, and employment discrimination.
Andy joined Butler Rubin in 2006 after working as a litigation associate at Winston & Strawn. He was named as a 2010 Illinois Rising Star in the legal profession by Illinois Super Lawyers. |
| | Representative Cases: | Complex Commercial Litigation
Represents former manager of a 39-story office building in breach of contract suit against building’s owner. Prime Group Realty L.P. v. 131 S. Dearborn LLC, Case No. 2009 L 12145 (Cook County Circuit Court).
Represents real estate investment trust in breach of contract action brought by former executive. Fendley v. Prime Group Realty Trust, et al., Case No. 2007 L 5519 (Cook County Circuit Court).
Represented owner of 38-story office building and obtained dismissal of complaint seeking rescission of agreement to sell property and building. YPI 180 N. LaSalle Owner, LLC v. 180 N. LaSalle II, LLC, Case No. 2009 CH 6451 (Cook County Circuit Court). Successfully defended dismissal on appeal. YPI 180 N. LaSalle Owner, LLC v. 180 N. LaSalle II, LLC, Case No. 1-09-1797 (Illinois Appellate Court).
Represented former parent facilitator in employment discrimination suit against the Waukegan Board of Education. Hernandez v. Board of Education of the Waukegan Community Unit School District No. 60, et al., Case No. 2008 CV 3290 (N.D. Ill.).
Represented large direct merchant of traditionally styled clothing in action alleging, inter alia, breach of contract, fraud, and copyright infringement against a software provider. Lands' End, Inc. v. Versata Software, Inc., Case No. 06 CV 132 (W.D. Wis.).
Represented employee welfare benefit plan and trust’s trustee and administrator in breach of fiduciary duty action. Sentry Seasonings, Inc. v. PBT Administration LLC, et al., Case No. 2009 L 5646 (Cook County Circuit Court).
Represented a Chicago developer in construction defect cases and related disputes with client’s insurance carriers. Board of Directors of East Side Lofts Condominium Association v. East Side Lofts, LLC, et al., Case No. 2001 CH 3459 (Circuit Court of Cook County); Empire Indemnity Insurance Company v. MCZ Development Corp., Case No. 2001 CH 9502 (Circuit Court of Cook County); Randolph Place Residences Condominium Association v. Canal Street Lofts, LLC, et al., Case No. 2001 L 14919 (Cook County Circuit Court).
Reinsurance Arbitration
Reinsurance Arbitration: Successfully represented cedent at hearing and obtained award for loss arising out of policy's supplementary payments provision.
Represented cedent in dispute with reinsurer regarding whether third-party administrator expenses were properly ceded as allocated loss adjustment expense.
Represented cedent in matter involving reinsurer's claim that finite reinsurance policy should be reformed based on mutual mistake.
Represented reinsurer in matter involving the consolidation of arbitrations arising out of multiple treaties.
Bankruptcy Litigation
Member of team that acted as Conflicts Counsel to the Official Committee of Unsecured Creditors. In re Bally Total Fitness of Greater New York, Inc., et al., Case No. 08-14818 (S.D.N.Y.).
Antitrust Litigation
Represented global engineering and construction company in the first consummated merger case tried in an administrative hearing before the Federal Trade Commission in more than two decades. In the Matter of Chicago Bridge & Iron Company et al., Docket No. 9300 (F.T.C.).
Represented marketers of sulfur-based products in action alleging a conspiracy in the sulfuric acid industry in violation of Section 1 of the Sherman Act. In re Sulfuric Acid Antitrust Litigation, MDL No. 1536 (N.D. Ill.).
Represented corrugated container manufacturers in class action, and subsequent opt-out litigation, alleging coordinated restrictions on linerboard supply. In re Linerboard Antitrust Litigation, MDL No. 1261 (E.D. Pa.).
Represented world-leading producer of decorative surfacing products in class action alleging price-fixing conspiracy. In re High Pressure Laminates Antitrust Litigation, MDL No. 1368 (S.D.N.Y.). |
| | Bar Admissions: | Illinois
United States District Court for the Northern District of Illinois (Member, Trial Bar) |
| | Pro Bono: | In 2007, Andy was recognized by the Law Project of the Chicago Coalition for the Homeless for his important contribution to the vigorous representation of people experiencing homelessness.
Through his involvement with the National Immigrant Justice Center, Andy successfully obtained asylum for a Guinean client after a hearing in immigration court.
Andy has also represented pro bono clients in summary suspension hearings, and criminal and civil appeals before the Illinois Appellate Court. |
| | Memberships: | American Bar Association (Member, Litigation and Antitrust Sections)
Chicago Bar Association (Member, Judicial Evaluation Committee)
ARIAS-U.S. (Member) |
| | Community Involvement: | Andy is a member of the Board of Directors of the Chicago Coalition for the Homeless. |
| | Articles: | Get Smart: Is Your Company Prepared for a Visit from Agent 99?, Corporate Counsel, September 2008
Examining Dr. Miles’ Proscription on Retail Price Maintenance, Corporate Counsel, June 2007
| | Speeches: | Andy has been a guest lecturer at Northwestern University School of Law speaking on pretrial advocacy issues. |
| | Education: | J.D., magna cum laude, University of Illinois College of Law, 2000- The Elder Law Journal, Associate Editor
- National Moot Court Team, Member
B.S., Finance, Miami University, 1997 |
| | Clerkships: | During law school, Andy served as a clerk for the Criminal Justice Counsel in the Office of the Public Defender in Cook County, Illinois, where he assisted in the exoneration of a man who had been wrongfully convicted and subsequently imprisoned for almost a decade. |
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