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Andrew Soukup is a litigator who is co-chair of the firm’s Class Action Litigation practice group. Mr. Soukup has helped clients achieve successful outcomes at all stages of litigation, from case inception through trial and appeal. Based on his “big wins in his class action practice," Law360 recently named Mr. Soukup a "Class Action Rising Star," a recognition which honors top lawyers under 40 nationwide "whose legal accomplishments transcend their age."
Mr. Soukup specializes in representing financial institutions and other corporate clients in class actions and other high-stakes commercial disputes. He also represents clients in the technology, life sciences, consumer products, communications, sports, and retail industries. He has particular expertise 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. Mr. Soukup has helped his clients prevail in litigation against putative class representatives, government agencies, and commercial entities.
- Successfully defended 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.
- Defeated multiple lawsuits filed against leading financial institutions by invoking federal preemption.
- Obtained favorable outcomes for numerous clients in commercial disputes raising contract, fraud, and other business tort claims.
Financial Services Litigation
- 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 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 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.
- 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.
- Helped financial services company defeat putative class action challenging company’s efforts to enforce tax liens.
- Successfully represented American Bankers Association in challenge to Volcker Rule provision of Dodd-Frank Act.
- Helped numerous major financial institutions avoid multi-district class-action litigation by successfully enforcing the institutions’ arbitration agreements.
- 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 Class Action Litigation
- Defending the USOPC 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.
- 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.
Other High-stakes Commercial and Administrative Litigation
- 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.
- Obtained summary judgment for major automotive dealership in highly publicized lawsuit filed by plaintiff seeking one-third ownership and control over the company.
- Successfully represented major international technology company in multi-million dollar business dispute.
- 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.
Pro Bono
- 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.
Previous Experience
- Prior to joining Covington, Mr. Soukup worked as a journalist.
January 21, 2021, Covington Alert
Consumer products companies have been facing a surge of mislabeling lawsuits in the District of Columbia. These lawsuits are exploding in part due to recent court decisions that purport to grant “tester” plaintiffs—individuals and organizations that purchase products simply to test whether the representations about a product are true—a right to sue on behalf of ...
January 13, 2021, Covington Alert
There were several notable developments in the fourth quarter of 2020 affecting class actions. The Supreme Court is poised to decide whether a damages class can be certified when a large portion of the class lacks Article III standing. Multiple cases were decided relating to the interpretation and impact of arbitration provisions on class actions and other types ...
Class Action Group Of The Year Covington
December 1, 2020, Law360
Covington's Class Action practice group was named a Law360 Practice Group of the Year.
October 6, 2020, Covington Alert
Covington's Class Action Litigation Group has assembled an update that highlights and discusses several notable developments in the third quarter of 2020 affecting class actions.
July 21, 2020, Covington Alert
On July 20, 2020, the Office of the Comptroller of the Currency (OCC) released a proposed rule intended to establish a bright-line test to identify the “true lender” in lending partnerships between national banks and federal savings associations, and third parties. Uncertainty in this area has caused confusion because the identity of the lender determines which ...
July 7, 2020, Covington Alert
There were several notable developments in the second quarter of 2020 affecting class actions. The Judicial Panel of Multidistrict Litigation will hold a hearing at the end of July on several requests to consolidate lawsuits related to the COVID-19 pandemic on an industry-wide basis. Courts issued important decisions addressing Article III standing and the ...
June 22, 2020, Covington Alert
In response to the COVID-19 pandemic, state and local lawmakers have implemented measures requiring financial institutions to provide relief to consumers, such as forbearance on loan payments or waiving fees. The OCC has released a bulletin reminding stakeholders that federally-chartered institutions generally are governed primarily by uniform federal standards ...
May 1, 2020, Covington Alert
There were several notable developments in the first quarter of 2020 affecting class actions. Courts issued important decisions addressing whether defendants could raise Article III standing or personal jurisdiction defenses to defeat the claims of putative class members. A federal court in California called one company’s efforts to avoid its arbitration ...
April 14, 2020, Covington Alert
The CARES Act established a $349 billion Paycheck Protection Program (“PPP”) that authorizes participating lenders to make federally-guaranteed loans to small businesses as part of Congress’s COVID-19 relief effort. Just days after lenders began accepting PPP applications, lawsuits were already being filed challenging how lenders administer the PPP. In Profiles, ...
March 30, 2020, Covington Alert
Since the last financial crisis, the commercial real estate industry has accumulated vast amounts of debt. By one account, there is currently more than $3.6 trillion in mortgage debt secured by commercial and multi-family residential properties. Much of this debt is held by real estate investment trusts (“REITs”), in the form of commercial mortgage-backed ...
March 26, 2020, Covington Alert
When consumers use their credit cards to purchase goods or services that they never receive, the Fair Credit Billing Act gives consumers the right to dispute the charge directly with their credit card issuer. As merchants cancel orders and reservations in the wake of the Covid-19 crisis, creditors should prepare themselves for a dramatic increase in consumers ...
Spring 2020, The Business Lawyer
February 2020
Covington's class action practice is pleased to launch a multi-part video series with insights on recent class action developments and trends. In our Navigating Class Actions series, partners Sonya Winner, Andrew Ruffino, Emily Henn, Henry Liu, Andrew Soukup, Ashley Simonsen, and Louise Freeman address: Class certifications Emerging issues and privacy ...
November 20, 2019, Covington Alert
On November 18 and 19, 2019, the Office of the Comptroller of the Currency (OCC) and Federal Deposit Insurance Corporation (FDIC) provided long-awaited regulatory affirmation that a bank loan’s rate of interest retains its non-usurious character when acquired by a third-party. The agencies each issued proposed rules that seek, as the OCC put it, to “codify what ...
Challenges to Federal Preemption of State Interest Rate Laws
September 25, 2019, Webinar
September 9, 2019, Law360
Covington successfully represented Celtic Bank in an arbitration proceeding contending that Celtic Bank was not the “true lender” on loans made to a small business, which culminated in the arbitrator rejecting eight-figure damages claims and awarding Celtic Bank $3.2 million on counterclaims.
September 9, 2019
WASHINGTON, September 9, 2019—Law360 named Covington partners Andrew Soukup and David Zionts to its list of “2019 Rising Stars.” This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” Mr. Soukup's Law360 Class Action profile can be found here. Andrew Soukup is a litigator and co-chair of the firm’s Class Action ...
National Bank Act Preemption — Barnett Bank, Dodd-Frank, and Beyond
May 19, 2019, Webinar
March 25, 2019, Law360
Covington successfully represented Chase Bank USA, N.A. in a case involving misleading credit reports.
Spring 2019, The Business Lawyer
The Fair Credit Reporting Act and A Matter of Standing: Demonstrating the Degree of Harm Required To Certify A Class
July 17, 2018, American Conference Institute
Law360 Names Attys Who Moved Up The Firm Ranks In Q4
January 30, 2018, Law360
Law360 highlights the promotion of Covington's newest partners, including John Balzano, Lindsay Burke, Bradley Chernin, Christopher DeCresce, Guy Dingley, Matthew Dunn, Laura Flahive Wu, Pamela Forrest, Alexa Hansen, Megan Keane, Sam Pyun, Kyle Rabe, Ansgar Simon, Andrew Soukup, Emily Ullman, and Mark Young.
Covington Promotes 16 New Partners
October 2, 2017
WASHINGTON—Covington has promoted 16 lawyers to its partnership. “It’s a great tribute to the firm’s vibrancy that we’re continuing to build an exceptional pipeline of new partners from within our ranks,” said Timothy Hester, Covington’s chair. “We’re confident that all 16 will add importantly to the firm’s strengths and will drive further expansion of core ...
May 16, 2016, Covington Alert
In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate ...
March 22, 2016, Covington Alert
DC Circ. Shoots Down FCC Merger-Review Disclosure Order
May 8, 2015, Law360
Covington successfully represented media companies seeking to protect confidential information from being disclosed in an FCC merger review proceeding.
April 28, 2015, Covington E-Alert
Banking Group To Withdraw Suits Over Volcker Rule
February 12, 2014, Law360
Covington successfully represented the plaintiffs challenging a Volker Rule provision relating to "trust preferred" collateralized debt obligations.
January 15, 2014, Covington E-Alert
2007, 82 Notre Dame L. Rev. 1679
- Law360, Class Action "Rising Star" (2019)
- Washington DC Super Lawyer, "Rising Star" (2013-2020)
Video Series: Navigating Class Actions
Learn about recent class action developments and trends with Covington's multi-part video series.