Andrew B. Kay focuses his practice on complex commercial litigation, with a particular emphasis on regulatory litigation and counseling for financial services firms and life insurers, along with defense of consumer class actions, securities fraud, and shareholder suits.
He has successfully litigated a wide range of matters in federal and state courts, including regulatory litigation on the federal and state level, breach of contract, business tort cases, M&A disputes, governance disputes, and disputes over intellectual property ownership rights.
He has experience litigating matters in several industries, including life insurance products, mortgage lending, chemicals, medical devices, pharmaceuticals, telecommunications equipment, and energy.
- On behalf of a life insurance company, obtained a federal court 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
- Currently defending a major life insurance company in connection with a multi-state unclaimed property audit regarding the escheatment of life insurance proceeds
- As trial counsel, successfully defended claims against a life insurance company in a mass arbitration involving claims asserted by more than 300 insureds 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
- 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
- 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
- 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
- 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.
- J.D. magna cum laude University of Michigan Law School 1997
- B.A. Cornell University 1994
Bar Admissions : District of Columbia, Illinois
Clerk Experience : Honorable Joel M. Flaum, U.S. Court of Appeals for the Seventh Circuit
Professional Memberships :
- Member, Association of Life Insurance Counsel
- Member, Association of Fraternal Benefits Counsel
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