Andrew Soukup

Financial Services Litigation

• Defeated class certification and obtained summary judgment for leading financial institution in nationwide mortgage class action, 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, leading to a seven-figure arbitration award in the bank’s favor. 
• 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 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 National Credit Union Administration’s expansion of field-of-membership rules for community credit unions.
• 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

• 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.