Andrew Frankel

Andrew T. Frankel is a Partner in the Firm’s Litigation Department, where he has more than 25 years of experience successfully representing clients in a wide variety of complex disputes, including insurance, securities, product liability and other commercial litigation and investigations. Andy has successfully litigated cases in state and federal trial and appellate courts throughout the United States and in domestic and international arbitrations.

Andy’s engagements include:

• Representation of financial institutions including RBS, Deutsche Bank and UBS as issuers and underwriters in numerous residential-mortgage-backed securities litigations, including suits brought by the FHFA, the FDIC and other purchasers of mortgage-backed securities.
• Representation of Travelers Indemnity Company in Travelers Indemn. Co. v. Bailey, 557 U.S. 137 (2009), in which the Supreme Court resolved important issues concerning the finality and permissible scope of bankruptcy court injunctions.
• Representation of insurers and other parties as creditors in numerous bankruptcy proceedings and appeals, including in In re Johns-Manville Corp., Hillsborough Holding Co., North American Refractories Corp., Global Industrial Technologies, Mid-Valley, API, The Muralo Co., ACandS, Western MacArthur, Plant Insulationand Specialty Products Holding Corp.
• Representation of defendants in private actions and government-initiated proceedings involving disparate impact and disparate treatment claims under the Fair Housing Act and state fair housing laws and regulations.
• National Counsel for insurance defendant in state and federal product liability actions.

Andy successfully represented B.A.T Industries plc in numerous healthcare expense reimbursement actions seeking billions of dollars in damages, and has represented clients in a range of other complex commercial disputes, including antitrust disputes, corporate investigations, and white-collar criminal proceedings.

On a pro bono basis, Andy appeared at the trial court level and on appeal in McWade v. Kelly, 460 F.3d 260 (2d Cir. 2006), on behalf of the Washington Legal Foundation, Families of September 11, Inc. and a number of federal, state and local officials as amici curiae in support of the constitutionality of New York City’s subway bag inspection program and assisted the City of New York and the New York Police Department in connection with numerous lawsuits against the City.

Andy joined Simpson Thacher in 1992 and became a Partner in 1999. Prior to joining the Firm, Andy clerked for Judge Morton I. Greenberg of the U.S. Court of Appeals for the Third Circuit, and Judge Mitchell H. Cohen of the U.S. District Court for the District of New Jersey. He is a 1990 graduate of Brooklyn Law School, where he was a member of the Brooklyn Law Review.

Education:

• Brooklyn Law School, 1990 J.D.
  • cum laude; Brooklyn Law Review
• Drexel University, 1987 B.S.

Admissions:

• New York
• New Jersey
• U.S. Supreme Court
• U.S. Court of Appeals for the Second, Third, Fifth, Sixth and Ninth Circuits
• U.S. District Court Southern District of New York
• U.S. District Court Eastern District of New York
• U.S. District Court District of New Jersey