Andrew Soukup

Class Action Litigation

• Representing one of the nation’s largest commercial truck manufacturers in class-action litigation accusing the company of falsifying emissions and fuel economy certification.
• Representing one of the nation’s leading consumer products companies in multidistrict litigation accusing the company of selling products contaminated with benzene.
• Representing 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.
• Representing one of the country’s leading manufacturers of COVID-19 tests from class-action claims challenging the company’s administration of a product recall.
• Representing companies from claims accusing them of selling products contaminated with PFAs.
• Successfully defended 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.
• Successfully represented one of the nation’s leading pharmaceutical companies from class-action claims seeking economic damages and medical monitoring arising out of an alleged failure to warn about risks associated with mefloquine.
• Successfully represented one of the nation’s largest financial institutions in class-action litigation accusing the company of violating state-law requirements to pay interest on mortgage escrow accounts, culminating in a victory in the Second Circuit.
• Successfully represented one of the nation’s leading consumer products companies in class-action litigation challenging how the company marketed its charcoal toothpaste products, culminating in a victory in the Second Circuit.
• 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, culminating in a victory in the Fourth Circuit.
• 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 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 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.
• Successfully defended numerous financial institutions from nationwide class actions filed in courts across the country accusing them of failing to pay fees to agents that assisted borrowers applying for loans under the Paycheck Protection Programs. Andrew delivered the first oral argument on behalf of a joint defense group on the primary legal issue.
• Successfully represented a leading seafood company from claims that the company misrepresented how its products are made and the environmental benefits of its products.
• Successfully represented 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.
• 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.
• 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 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.
• Successfully represented 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

• Represented one of the nation’s leading credit card issuers in multi-million dollar litigation with a former co-brand credit card partner that settled on favorable terms following the start of trial.
• 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.