Andrew Smith | Lawyer

Andy Smith is a partner in the law firm’s Litigation practice, with a particular focus on international issues and clients.

Andy concentrates on complex commercial litigation matters, including cross-border disputes, adversary proceedings in bankruptcy and financial services litigation. He also regularly represents corporate and individual clients under investigation by governmental agencies and in internal investigations. His litigation experience also encompasses disputes relating to real estate matters, closed corporation shareholder disputes, employment discrimination suits, appeals and arbitration before the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), Judicial Arbitration and Mediation Services (JAMS),and the AIDA Reinsurance and Insurance Arbitration Society (ARIA-U.S.). He currently serves on the firm’s Professional Responsibility Committee.

Representative Experience

Representing global management company in Hotel Management Agreement dispute regarding a landmark New York hotel.
Representing Chinese beef importer in multimillion-dollar dispute with North Dakota beef exporter in an arbitration before the ICDR.

International Arbitration
- Represented multinational adhesive tape manufacturer in a SIAC arbitration, obtaining anti-suit injunction from SIAC emergency arbitrator halting threatened Indian litigation and regulatory proceedings.
- Represented Swiss multi-stage private equity and venture capital group in an ICC arbitration involving dispute over redemption valuation of shares in a pre-IPO investment.
- Represented international global payroll and human resources provider in an ICDR arbitration regarding complex global sourcing dispute under a Master Services Agreement governing services spanning more than 40 countries.
- Secured confirmation of $479 million Chinese arbitration award in U.S. federal court—the largest such award ever enforced in the United States—successfully defending confirmation on appeal before the Second Circuit.
- Successfully defended oral appliance manufacturer in multimillion-dollar ICC arbitration.

Corporate Investigations & White Collar Defense
- Represented several Swiss banks in probes by the DOJ and Internal Revenue Service into offshore accounts held by U.S. taxpayers resulting in non-prosecution agreements.
- Conducted internal investigation involving alleged FINRA and accounting violations at the U.S. subsidiary of an international banking institution.
- Conducted internal investigation of a U.S. subsidiary of a Japanese telecommunications company involving allegations of theft, mismanagement and discrimination.
- Represented audit committee of Chinese petrochemical company in connection to SEC’s investigation of company’s reverse merger and public listing.
- Investigated cyber-blackmail attempt on national insurance company and coordinated efforts with FBI, which led to arrest of former employee.
- Represented executive in investigation by the New York’s Office of Attorney General relating to certain practices in the life settlement industry.
- Represented individual in SEC investigation alleging insider trading.
- Conducted internal investigation of transportation company’s international employees with respect to FCPA issues.

Financial Services & Insurance Litigation
- Defended Japanese bank in class action lawsuits related to alleged LIBOR and TIBOR manipulation.
- Represented Fortune 100 insurance company and its affiliates in multiple cases, including a complete appellate victory in the Eleventh Circuit reversing a multimillion-dollar fraud judgment and affirming summary judgment for the insurer.
- Represented Bermuda reinsurer in arbitrations against monoline insurers on various coverage issues.
- Represented indenture trustee against claims asserted by putative class of bondholders in the Southern District of New York, successfully disposing of claims on summary judgment.
- Represented trustee for certificate holders under pooling and servicing agreements in connection with Residential Mortgage-Backed Securities (RMBS) litigation.
- Represented indenture trustee against claims asserted by putative class of bondholders in the District of Idaho, successfully disposing of claims on a motion to dismiss.

Employment & Executive Matters
- Successfully settled a multimillion-dollar employment dispute on behalf of a hedge fund manager concerning compensation and restrictive covenants.
- Advised real estate and investment firms on employment agreements, executive compensation and whistleblower investigations.
- Represented educational non-profit in securing the expungement of employee’s juvenile criminal record to obtain regulatory clearance.

Product Liability & Manufacturing
- Defended national seatbelt and automotive parts manufacturers in product defect litigation; achieved dismissals and favorable settlements.
- Represented Japanese subsidiaries of global manufacturers in breach of warranty, product quality and distributor disputes across multiple U.S. jurisdictions.
- Advised clients on federal liability limitation statutes for biomedical supply chains and product component manufacturing.

Customs, Trade & Compliance
- Represented Japanese consumer electronics company in multiple trade matters, including successful tariff redesignation petitions under the Generalized System of Preferences (GSP) and recordation of trademarks with U.S. Customs.
- Prepared and submitted C-TPAT applications under the post-9/11 Customs-Trade Partnership Against Terrorism program, securing supply chain security certification.
- Advised multinational clients on compliance with U.S. export, trade and customs regulations, as well as coordinated government submissions to the U.S. Trade Representative and CBP.

Other Litigation Matters
- Represented aircraft manufacturer in $40 million contract breach and fraud dispute arising out of aircraft purchase agreement. After five-week trial, jury found client to have no liability.
- Represented oil company being sued by oil producers seeking millions of dollars in adversary proceedings in Delaware Bankruptcy Court, involving actions removed from Texas, Oklahoma, Kansas and New Mexico. Achieved favorable settlement.
- Represented trust in fraudulent conveyance action against Lichtenstein Stiftung in $200 million matter involving parallel actions in Florida, London, Panama, Monaco and Lichtenstein. Sought and received sanctions award of over $200,000.
- Represented disabled Florida individual in contentious challenge to administration of estate in Brooklyn Surrogate’s Court, addressing matter of first impression. After five-day bench trial, court awarded client letters of administration.
- Represented state university in multimillion-dollar patent infringement and unfair business practices case in the Northern District of New York. Achieved favorable settlement.

Professional Highlights

The Legal 500 U.S., White-Collar Criminal Defense (2016).
Upon graduation from law school, received a Stimson Fellowship from Pillsbury allowing him to spend a year litigating on behalf of New York City’s homeless population.
Was subsequently awarded the Legal Aid Society’s Pro Bono Publico Award for Outstanding Pro Bono Service.

Associations
- Association of the Bar of the City of New York

Education

J.D., University of Pennsylvania Law School, 2002
Editor-in-Chief, Journal of Constitutional Law; Member of Moot Court Board; Arthur Littleton Legal Writing Instructor

M.Sc., University of Edinburgh, 1999

B.A., Colby College, 1998

Admissions

New York

Courts

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

Andrew C. Smith

Areas of Focus

Practices

Representative Experience

Professional Highlights

Andy's Insights