Andrew Soukup

Representative Matters For Life Sciences, Pharmaceutical, and Consumer Products Companies

• Led the defense and obtained a full dismissal of claims on behalf of one of the nation’s leading consumer products companies in industry-wide, multidistrict class-action litigation challenging the company’s marketing and advertising of over-the-counter medicine that allegedly contained ineffective ingredients. The victory earned recognition as AmLaw’s  “Litigator of the Week.”
• Led the defense of one of the nation’s leading consumer products companies in multidistrict litigation involving claims for economic and personal injuries following the company’s recall of products that allegedly contain benzene.
• Led the successful defense of one of the nation’s leading consumer products companies from claims challenging its benzoyl peroxide medicine, which the court dismissed on federal preemption grounds. Andrew argued the motion to dismiss on behalf of the joint defense group.
• Defending a prominent consumer products company from class-action claims alleging that it sold product containing unsafe levels of lead.
• Representing multinational pharmaceutical company from RICO class-action claims accusing the company of deceptively marketing probiotics.
• Representing multinational pharmaceutical company from RICO class-action claims brought by third-party payors accusing the company of providing inadequate warnings about the risks of pioglitazone.
• Led the successful defense of class-action claims against one of the nation’s largest fitness companies arising out of the company’s recall of an allegedly defective product.
• Led successful efforts to defeat at the pleading stage a putative class action accusing the company of falsely leading customers to believe that its cold medicine contains honey and lemon as ingredients.
• Led efforts to defend one of the country’s leading manufacturers of COVID-19 tests defeat class-action claims challenging the company’s administration of a product recall.
• Led efforts to defeat claims against LEO Pharma from class-action claims seeking economic damages arising out of an alleged failure to warn about certain risks associated with Picato medicine by invoking the learned intermediary doctrine.
• Led successful efforts to defeat at the pleading stage a putative class action filed against one of the nation’s leading pharmaceutical companies from claims seeking economic damages and medical monitoring arising out of an alleged failure to warn about risks associated with mefloquine.
• Secured a victory in the Second Circuit on behalf of one of the nation’s leading consumer products companies in class-action litigation challenging how the company marketed its charcoal toothpaste products.
• Led efforts to defeat claims accusing a leading seafood company of misrepresenting how its products are made and their environmental benefits.
• Successfully defended a prenatal vitamin manufacturer from claims that the company misrepresented the amount of heavy metals in its products.
• Achieved dismissal at the pleading stage for a supplemental manufacturer from claims that the company misrepresented the caloric content of its products.
• Defending numerous companies from claims accusing them of selling products contaminated with heavy metals and/or PFAs.

Representative Matters For Financial Services Companies

• Leading the defense of one of the nation’s largest financial institutions from RICO class-action claims accusing the company of causing excessive interchange fees to be charged to merchants.
• Led representation of one of the nation’s largest tenant screening companies from class-action litigation claiming that the company’s proprietary screening model violates fair housing laws.
• Led successful representation of one of the nation’s largest credit card issuers in class-action litigation accusing the bank of deceptively marketing sign-up bonuses to credit card customers.
• Prevailed in the Fourth Circuit on behalf of one of the nation’s largest credit card issuers from nationwide class-action claims challenging the manner in which the bank calculates interest charges.
• Defeated class certification and obtained summary judgment for leading financial institution in nationwide mortgage class action challenging default-related charges, culminating in victories at the Ninth Circuit.
• Prevailed at the Ninth Circuit on behalf of one of the nation’s leading financial institutions in numerous individual and class-action lawsuits asserting violations of the FCRA and CCRAA arising out of the manner in which information was provided about accounts in bankruptcy proceedings.
• Led efforts to defeat more than a dozen class action lawsuits filed across the country accusing numerous financial institutions of violating state consumer protection laws by failing to pay fees to agents of small business loan applicants under the Paycheck Protection Programs. Andrew delivered the first oral argument on behalf of a joint defense group on the primary legal issue, a win which contributed to Covington’s recognition by Law360 as a Class Action group of the year.
• Secured dismissal of class-action RICO claims against a fintech company in connection with the hack of a cross-blockchain bridge.
• Led the successful defense of class-action claims against one of the nation’s largest credit card issuers accusing the bank of breaching agreements with customers and misrepresenting its willingness to provide pandemic-related relief.
• Successfully defended several of the nation’s leading fintech companies from claims that the companies failed to disclose the risk of third-party fees associated with the use of their products.
• Led the successful defense of one of the nation’s largest credit card issuers from nationwide class-action claims accusing the company of misrepresenting its intention and capabilities to provide relief to customers affected by the pandemic.
• Obtained a seven-figure judgement on behalf of Celtic Bank, one of the nation’s leading small business lenders, in an arbitration proceeding contending that the bank was not the “true lender” on certain small business loans it made.
• Successfully led efforts to defend one of the nation’s largest credit card issuers from nationwide class-action claims challenging the manner in which the bank allocates credit card payments.
• Defeated a putative class action by obtaining summary judgment on claims accusing one of the nation’s leading lenders of fraud and deceptive practices to enroll customers in lending products.
• Successfully represented a credit union from nationwide class-action claims challenging the credit union’s overdraft and nonsufficient funds charges.
• Defeated putative class action on behalf of financial services company against challenges to the company’s efforts to enforce tax liens.

Representative Matters For Other Companies

• Led efforts to defend one of the nation’s largest commercial truck manufacturers in class-action litigation accusing the company of falsifying emissions and fuel economy certifications.
• Successfully represented the United States Olympic and Paralympic Committee in class-action litigation accusing the organization of violating the Safe Sport Act.
• Achieved favorable resolution for nationwide outdoor apparel company facing class-action claims alleging wrongful collection of personal information in connection with credit card transactions.