Andrew focuses his practice on class action and complex litigation in various industries, including the automotive industry and financial services. Regarded as an authority in class action litigation, Andrew has experience in class actions involving product liability, consumer fraud, Civil RICO, telecommunications products, insurance, business litigation and contracts, banking, securities, ERISA, antitrust and environmental claims. He also has defended mass tort cases involving financial regulations, as well as government investigations and data breach matters.
Andrew is a prolific writer and has co-authored several books on class actions, including The Class Action Playbook and Betting the Company: Complex Negotiation Strategies in Law & Business. He updates class action-related news on Twitter @ClassStrategist. He has also testified before Congress on potential class action reforms.
Additionally, Andrew focuses on international complex litigation. He has spoken before the European Circuit of the Bar on class action practice and has advised clients on class action strategy in matters in Australia, China, Brazil, Canada, Israel, Mexico and Thailand.
Publications
No-Injury and Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers, University of Massachusetts Law Review, Vol. 19, Issue 2, 2024.
Co-author, The Class Action Playbook, LexisNexis, 2022 (with Brian Anderson).
State court will be next frontier for consumer class actions under federal law, Reuters, June 28, 2021
Ten Principles for Legitimizing MDLs, American Journal of Trial Advocacy, Vol. 44:113, Spring 2021.
Co-Author, The Rule of Science and the Rule of Law, 49 Sw. U. L. Rev. 436 (2021) (with Mark Behrens).
Co-Author, The Elements of Litigation Strategy, Cambridge University Press (forthcoming 2019) (with Mark Moller).
In In Re Asacol, First Circuit Shows What a Rigorous Analysis of Predominance Looks Like, Washington Legal Foundation Legal Opinion Letter, January 11, 2019.
Co-author, The Class Action Playbook, LexisNexis, 2018 (with Brian Anderson).
Co-author, The Class Action Playbook, LexisNexis, 2017 (with Brian Anderson).
Litigation Matters: The Curious Case of Tyson Foods v. Bouaphakeo, Cato Supreme Court Review (15th ed.), 2016.
Co-author, The Class Action Playbook, LexisNexis, 2016 (with Brian Anderson).
The Roberts Court & The End of the Entity Theory, 48 Akron L. Rev. 101, 2015.
Goodbye “Presumption Against Removal”: Extending Fort Cherokee Basin Beyond CAFA?, Washington Legal Foundation Legal Opinion Letter, May 8, 2015.
Co-author, The Class Action Playbook, LexisNexis, 2014 (with Brian Anderson).
Banking Class Actions, Bloomberg/BNA, 2014.
Co-author, The Class Action Playbook, LexisNexis, 2013 (with Brian Anderson).
Co-author, Betting the Company: Complex Negotiation Strategies in Law & Business, Oxford University Press, 2013 (with Andrew DeGuire).
Reactions to Wal-Mart v. Dukes: Litigation Strategy & Legal Change, 62 DePaul L. Rev. 501, 2013.
Recent Investigations into e-Book Price Fixing Illustrate the Growing Acceptance of Government Investigations by Companies Looking to Thwart Follow on Class Actions, 12(2) E-Commerce L. Rep. J. 18, 2012.
Arbitration Strategy After AT&T Mobility & Concepcion, Bloomberg BNA’s Product Safety & Liability Reporter, January 23, 2012.
Co-author, The Class Action Playbook, Oxford University Press (2nd ed.), 2012 (with Brian Anderson).
Wal-Mart v. Dukes: Class Actions and Legal Strategy, Cato Supreme Court Review, 2011.
Expert Analysis: When Plaintiffs Sell Out Absent Class Members, Insurance Law 360, December 8, 2011.
Daubert & Class Cert: The Battle of the Experts Continues, ABA Products Liability Committee Newsletter, Fall 2011.
The Class Action is Alive and Kicking, SCOTUSblog, September 2, 2011.
The Non-Fiction Class Action, OUPblog, August 30, 2011.
The Pro-Business Court and Class Action Security, OUPblog, June 15, 2011.
Brown v. RJ Reynolds: The Proper Scope of Common Questions, 12 Engage 88, 2011.
"Free”dom and Consumer Rights, OUPblog, May 3, 2011
Wal-Mart v. Dukes: Procedure Matters, OUPblog, April 5, 2011.
Wal-Mart v. Dukes: Rough Justice Without Due Process, Washington Legal Foundation Legal Opinion Letter, March 2011.
Co-author, The Class Action Playbook, Oxford University Press, 2010 (with Brian Anderson).
Presentations
Co-presenter, Hot Topics in Consumer Class Actions, IADC Mid-Year Meeting, February 20, 2022 (with Amir Nassihi).
Superior to Class Actions: Why Courts Should Consider Defendants’ Recalls and Warranties Before Certifying a Class as the ‘Superior’ Means of Resolving Consumer Claims, Lawyers for Civil Justice (LCJ) Membership Meeting, Nashville, December 2, 2021.
Class Action Law - Update, Update of the Law CLE, Kansas City, Missouri, June 13, 2019 (with Ruth Anne French-Hodson and Tom Sullivan).
Recent Developments in Class Action Litigation, ABA Life Sciences Legal Summit, San Francisco, September 26, 2018.
Defending Class Actions Using Absent Class Member Discovery, Strafford CLE, May 30, 2018 (with Wystan M. Ackerman).
Hot Issues of 2017, Class Action Year-End Review, (Webinar) December 19, 2017.
Co-presenter, Combating Class Settlement Objectors: Overview of Proposed Rule Amendments, Key Preventive Measures and Tactics, Strafford CLE, September 29, 2016 (with Ross Good).
Co-presenter, Defeating Class Claims by Attacking the Pleadings and Leveraging Other Early Dispositive Motions, Strafford CLE, March 29, 2016 (with Ronald J. Levine and Nina R. Rose).
Co-presenter, Defining or Challenging Class Membership: Evaluating Ascertainability, Overbreadth, and Failsafe Class Issues, Strafford CLE, January 5, 2016 (with Ira Neil Richards and Robert W. Sparkes, III).
Panelist, “Consumer Rip-offs” or” No-Injury Class Actions”: Either Way, Does a Legal Claim Exist? ABA 19th Institute on Class Actions, October 21-23, 2015.
Co-presenter, Arbitration and the End of Class Actions?, Quinnipiac-Yale Dispute Resolution Workshop, Yale Law School, September 8, 2015.
Panelist, 23(c)(4) Issues Classes, Duke Law Class-Action Settlement Conference, July 23-24, 2015.
Panelist, Perfecting the Class Action: The American and European Experience, European Circuit of the Bar, in collaboration with Middle Temple, June 10, 2015.
Co-presenter, Best Practices for Issue Certification, Strafford CLE, May 26, 2015.
The Distorting Effects of No-Injury Class Actions, Testimony before the Subcommittee on the Constitution and Civil Justice of the Committee on the Judiciary, U.S. House of Representatives, April 29, 2015.
Co-presenter, Defending Class Actions Using Absent Class Member Discovery, Strafford CLE, January 13, 2015.
Co-presenter, Best Practices for Issue Certification, Strafford CLE, March 1, 2014.
Co-presenter, The Fundamental Dilemma of Class Action Settlements, CLE International, October 4, 2013.
Panelist, U.S. Supreme Court Review and Preview, Panel Review of the 2012-2013 U.S. Supreme Court Term and Preview of the 2013-2014 Term with Particular Emphasis on Decisions That Impact the Business Community, September 5, 2013.
Co-presenter, Novel Strategies for Dealing with Objectors, 2013 National Consumer Class Action Litigation and Management Conference, Bridgeport CLE, June 28, 2013.
Co-presenter, Class Certification Following the Amgen and Comcast Decisions, Strafford CLE, April 24, 2013 (with Deborah H. Renner).
Co-Presenter, Defense Strategies for McReynolds & Damasco, CLE International, October 5, 2012.
Co-presenter, Defining Class Membership: Bringing and Defending Challenges Evaluating Ascertainability, Overbreadth and Fail-Safe Class Issues that Impact Certification, Strafford CLE, August 21, 2012.
Featured presenter, The Gauntlet: Early Challenges to Class Certification, Class Actions: Plaintiff & Defense Perspectives, CLE International, May 18, 2012.
Panelist, Class Action Rollback, Dukes v. Wal-Mart Stores, Inc. & the Future of Class Actions, 22nd Annual DePaul University Law Review Symposium, February 24, 2012.
Panelist, Developments in Class Action Litigation, 7th Annual Meeting of the American College of Business Court Judges, December 5, 2011.
Panelist, Federalism, Civil Procedure, Business, and the Proper Judicial Role, Cato Institute, September 15, 2011.
Panelist, The Future of Employment Discrimination Class Actions: A Briefing on Wal-Mart v. Dukes, American Constitution Society, C-SPAN, March 24, 2011.
Panelist, Wal-Mart v. Dukes: The Supreme Court Examines How and When to Certify a Class Action, Washington Legal Foundation Legal Briefing Series, March 22, 2011.
Co-presenter, Legal PR, Trial Lawyers’ Style: How They Seek Advantage Outside of Court and Proactive Countermeasures for Defendants, Washington Legal Foundation webcast, September 17, 2010.
Media Coverage
State Court Will Be Next Frontier for Consumer Class Actions Under Federal Law, Reuters.com, June 28, 2021
Class Members Don't Read Emailed Settlement Notices Either, FTC Says, Law.com, September 20, 2019.
First or Best: Filing Strategies for Leading Big Class Actions, Bloomberg Law, June 6, 2019.
An Unsettling Reversal?, Daily Journal Podcast, February 2, 2018.
Little-Known Committee Could Make Class Actions Even More Lucrative, Forbes.com, May 15, 2015.
Supreme Court to Decide Whether Millions of Female Employees Can Sue Walmart, ABCnews.com, March 25, 2011.
7 Tips For Deposing A Class Rep, Law360, September 22, 2010.