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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

Andrew Soukup

Partner

Washington +1 202 662 5066

  • About
  • Representative Matters
  • Credentials
  • About

    Andrew Soukup has a wide-ranging complex litigation practice representing highly regulated businesses in class actions and other high-stakes disputes. He has built a successful record of defending clients from consumer protection claims asserted in class-action lawsuits and other multistate proceedings, many of which were defeated through dispositive pre-trial motions.

    Andrew is co-chair of the firm’s Class Action Litigation practice group.

    Andrew has helped his clients achieve successful outcomes at all stages of litigation, including through trial and appeal. He has helped his clients prevail in litigation against putative class representatives, government agencies, and commercial entities. Representative victories include:

    • Delivered wins in multiple nationwide class actions on behalf of large financial companies related to fees, disclosures, and other banking practices, including the successful defense of numerous lenders accused of violating the Paycheck Protection Program’s implementing laws, which contributed to Covington’s recent recognition as a "Class Action Group Of The Year."
    • Successfully defending several of the nation’s leading financial institutions in a wide variety of litigation and arbitration proceedings involving alleged violations of RICO, FCRA, TILA, TCPA, FCBA, ECOA, EFTA, FACTA, and state consumer protection and unfair and deceptive acts or practices statutes, as well as claims involving breach of contract, fraud, unjust enrichment, and other torts.

    • Successfully defended several of the nation’s leading companies and brands from claims that they deceptively marketed their products, including claims brought under state consumer protection and unfair deceptive acts or practices statutes.
    • Obtained favorable outcomes for numerous clients in commercial disputes raising contract, fraud, and other business tort claims.

    Because many of Andrew’s clients are subject to extensive federal regulation and oversight, Andrew has significant experience successfully invoking federal preemption to defeat litigation.

    Andrew also advises clients on their arbitration agreements. He has successfully helped numerous clients avoid multi-district class-action litigation by successfully enforcing the institutions’ arbitration agreements.

    Clients praise Andrew for his personal attention to their matters, his responsiveness, and his creative strategies. Based on his “big wins in his class action practice,” Law360 named Mr. Soukup a "Class Action Rising Star."   

    Prior to practicing law, Andrew worked as a journalist.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Class Action Litigation

    • Successfully defended numerous financial institutions from nationwide class actions accusing them of failing to pay fees to agents that assisted borrowers applying for loans under the Paycheck Protection Programs. Mr. Soukup delivered the first oral argument on behalf of a joint defense group on the primary legal issue.
    • 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.
    • Successfully represented 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, turning a $20 million claim against the bank into a seven-figure judgment in the bank’s favor.
    • Defending a leading seafood company from claims that the company misrepresented how its products are made.
    • Successfully represented one of the nation’s largest credit card issuers from nationwide class-action claims challenging the manner in which the bank calculates interest charges.

    • Successfully represented 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.
    • Successfully represented 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, culminating in a victory at the Ninth Circuit.
    • Successfully defended a prenatal vitamin manufacturer from claims that the company misrepresented the amount of heavy metals in its products.
    • Successfully defended a supplemental manufacturer from claims that the company misrepresented the caloric content of its products.
    • Defending the United States Olympic and Paralympic Committee in class-action litigation accusing the organization of violating the Safe Sport Act.
    • 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.
    • Successfully defended one of the nation’s leading credit card banks from numerous lawsuits asserting TILA and other statutory and common law claims seeking to hold the bank liable for allegedly unauthorized charges.
    • Achieved favorable resolution for nationwide outdoor apparel company facing class-action claims alleging wrongful collection of personal information in connection with credit card transactions.
    • Helped financial services company defeat putative class action challenging company’s efforts to enforce tax liens.
    • Obtained favorable outcome for a major online retailer from claims that the retailer sold “daily deal” vouchers in violation of the EFTA and state consumer protection laws.
    • Represented a nationwide footwear retailer in class-action lawsuit alleging FACTA violations that settled on favorable terms early in litigation.
    • Represented one of the nation’s leading financial institutions in parens patriae lawsuits filed by state attorneys general alleging unfair and deceptive practices involving credit card “add-on” plans that settled on favorable terms early in litigation.
    • Successfully represented one of the nation’s leading financial institutions in a nationwide class action alleging unfair and deceptive practices involving fee-based products that settled on favorable terms early in litigation.

    Other High-stakes Commercial and Administrative Litigation

    • Successfully represented major international technology company in multi-million dollar business dispute.
    • Successfully represented American Bankers Association in challenge to Volcker Rule provision of Dodd-Frank Act.
    • Obtained summary judgment for major automotive dealership in highly publicized lawsuit filed by plaintiff seeking one-third ownership and control over the company.
    • Repeatedly helped media companies protect the confidentiality of their trade secrets from disclosure to third parties. Successful matters include persuading the D.C. Circuit to stay, and then overturn on substantive and procedural grounds, a Federal Communications Commission order that would have resulted in the release of confidential trade secrets to third parties.
    • Represented the BIG EAST Conference in litigation that settled favorably to uphold the validity and enforceability of the Conference Bylaw withdrawal provisions.
    • Successfully represented real estate developer as plaintiff in partnership dispute that culminated in a favorable verdict following a multi-week jury trial.

    Areas of Expertise

  • Credentials
    Education
    • University of Notre Dame, J.D., 2008
        • summa cum laude
        • Farabaugh Prize for High Scholarship in Law
        • Notre Dame Law Review, Executive Notes Editor
    • University of Notre Dame, B.A., 2004
        • magna cum laude
        • The Observer, Editor-in-chief
    Bar Admissions
    • District of Columbia
    • Illinois
    Judicial Clerkship
    • Hon. Diane S. Sykes, U.S. Court of Appeals, Seventh Circuit, 2008 - 2009
    Pro Bono
    • Representing a blind government employee asserting claims of disability discrimination.
    • Representing on appeal an individual pursuing Section 1983 claims of excessive force against a police officer.
    • Lead trial counsel for indigent criminal defendant in four-day jury trial that culminated in a split verdict, including acquittals on attempted murder and robbery charges.
    • Helped a major civil rights organization achieve favorable outcomes in multiple public accommodations lawsuits.
    • Represented several religious organizations as amici in appellate proceedings involving religious freedom issues.
    Accolades
    • Law360, Class Action "Rising Star" (2019) 
    • Washington DC Super Lawyer, "Rising Star" (2013-2020)
    Previous Experience
    • Prior to joining Covington, Mr. Soukup worked as a journalist.

    Areas of Expertise

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