Dartmouth College, B.A., Government, cum laude, 1991
University of Virginia School of Law, J.D., 1994
Andy is a trial lawyer whose practice focuses on complex commercial litigation. He routinely appears in state courts, federal court and before arbitration panels across the country. Andy handles a wide variety of matters, concentrating on energy litigation, antitrust, securities fraud, eminent domain and business torts. Andy is widely recognized as an innovative thinker and a passionate advocate for those he represents. Prior to becoming a founding partner at Edison, McDowell & Hetherington LLP in January 2009, Andy served as the hiring partner at Bracewell & Giuliani LLP.
Andy spends a considerable amount of time on pro bono matters. He has represented individuals facing capital murder charges and has been recognized by the Houston Bar Foundation for the Outstanding Individual Contribution to the Houston Volunteer Lawyers Program. Andy lectures frequently at various continuing legal education seminars across Texas and serves as an adjunct professor at the University of Houston Law Center. Andy currently acts as Chairman of the Attorney Admissions Committee for the United States District Court for the Southern District of Texas.
Outside the office, Andy is an avid sports fan and can often be found attending sporting events all over the globe. Although he is not blessed with much athletic ability, Andy has managed to run—and complete—five marathons, including the Boston Marathon.
“Texas Super Lawyer” (Business Litigation), Texas Monthly, 2009-2016
“Houston Top Lawyer” in the Summer 2015 and 2016 issues of H Texas Magazine.
“Texas Rising Star” (Business Litigation), Texas Monthly, 2004-2006
Recognized by the Houston Bar Foundation for the Outstanding Individual Contribution to The Houston Volunteer Lawyers Program
- Represented the world’s largest funeral and cemetery company in antitrust litigation alleging that the country’s three largest funeral home chains and a leading casket maker conspired to keep casket prices high and shut out casket discounters in violation of federal antitrust laws. Funeral Consumers Alliance, Inc. v. Service Corp. Intern., 2010 WL 3817159 (S.D. Tex. 2010); Funeral Consumers Alliance, Inc. v. Service Corp. Int’l, 695 F.3d 330 (5th 2012).
- Represented a major independent power producer against state law antitrust claims arising out of alleged illegal tying agreement.
- Represented a major health insurer against claims that four large insurance companies participated in an antitrust conspiracy with a major hospital system to boycott a physician-owned hospital.
Business and Commercial Litigation
- Represented one of the country’s leading refining companies in a nationwide consumer class action lawsuit filed in federal court in Los Angeles, alleging that major energy companies failed to deliver 100 percent of the fuel at the octane rating advertised. The Ninth Circuit Court of Appeals found that the plaintiffs’ claims were precluded by the combination of California laws and regulations that render defendants’ conduct with respect to single-nozzle dispensers, the only lawful means to deliver fuel. Alvarez v. Chevron Corp., 656 F.3d 925 (9th Cir. 2011).
- Represented one of the nation’s leading engineering firms in a two-week jury trial focusing on the construction of an offshore drilling rig and involving numerous claims and counterclaims for fraud, breach of contract and negligence. The jury returned a verdict awarding the client more than $1.1 million.
- an energy company seeking to obtain payment for various energy services. Minutes before jury selection, the parties entered into an agreed final judgment that calls for the client to receive a total of $2.65 million over several years.
- a defense contractor in a multimillion-dollar breach of contract case. After a week-long American Arbitration Association hearing, the arbitration panel issued a lengthy written opinion that completely vindicated the client and awarded it all its attorneys’ fees and expenses associated with the arbitration.
- a publicly traded communications company in a breach of contract arbitration with a Florida helicopter provider. A sole arbitrator rendered an award that completely vindicated the client of wrongdoing.
Condemnation and Real Estate
- Represents various governmental authorities, including the Metropolitan Transit Authority, Houston Independent School District, City of League City, City of Pearland, City of Stafford and City of Sugar Land, in eminent domain actions. Among other litigation, Nassar v. Houston Independent School Dist., 2004 WL 1470616 (Tex. App.—Houston [1st], no pet.); Lin v. Houston Community College, 948 S.W.2d 328 (Tex. App.—Amarillo 1998, writ denied).
- Represented a city in an inverse condemnation action in which a property owner claimed that the city’s construction of an elevated road resulted in significant flooding on the owner’s property. After a three-day bench trial, the court issued a take-nothing judgment in favor of the city.
- Represented one of the largest power marketers in all its litigation in California, Montana, Oregon and Washington arising out of the California Energy Crisis of 2000–2001, including class action litigation, private suits and actions by the California Attorney General and related state and federal appellate proceedings. Among other litigation, California Dep’t of Water Res. v. Powerex Corp., 653 F. Supp. 2d 1057 (E.D. Cal 2009); Wah Chang v. Duke Energy Trading and Marketing, LLC, 507 F.3d 1222 (9th 2007).
- Represented an independent power producer in a federal-court lawsuit alleging the company breached its fiduciary duties by failing to provide appropriate transmission facilities for a power plant in Oklahoma. Panda Energy Intern., Inc. v. Calpine Corp., 2008 WL 3523896 (N.D.Tex. 2008).
- Represented major oil company relating to commercial and royalty claims arising out of their operations in West Africa.
- Represented a nationwide pipeline company in class action litigation and regulatory proceedings in Texas and Arkansas alleging that various pipeline companies and natural gas suppliers were involved in a fraudulent “high-low” selling scheme that resulted in huge profits at the expense of residential customers. Kinder Morgan Texas Pipeline, L.P. v. Circuit Court of Miller County, 372 Ark.358 (Ark. 2008)
- Represented a publicly traded energy company in an arbitration concerning the proper operation of a cogeneration facility located near Baton Rouge, Louisiana.
- Represented a pipeline company against claims it committed various business torts against its joint venture partner in a natural gas pipeline. Valero Energy Corp. v. Teco Pipeline Co., 2 S.W.3d 576 (Tex. App.—Houston [14th Dist.] 1999, no writ).
Labor and Employment
- Represented numerous companies in non-disclosure and covenant-not-to-compete litigation, sexual harassment, age and pregnancy discrimination cases and EEOC charges.
- Represented a major energy company against claims by a former executive for additional compensation.
- Represented companies and individuals in overtime compensation claims under the Fair Labor Standards Act.
Personal Injury/Products Liability
- Represented various companies in personal injury and wrongful death actions related to construction defects, premises liability and job-site related accidents.
- Represented a major insurance company whose alleged faulty home repairs resulted in mold that caused Plaintiffs to develop Chronic Inflammatory Demyelinating Polyneuropathy, a rare and debilitating neurological disease. Plaintiffs asked the jury to award more than $70 million in damages. The case was tried for two weeks in May 2015 in state court in Jefferson Parish, Louisiana. The jury returned a complete defense verdict after approximately an hour of deliberations. The jury verdict was affirmed on appeal. Rubin v. American Ins. Co., 193 So. 3d 408 (La. Ct. App. 5th 2016)
- Represented the board of directors of a large pipeline company in derivative litigation arising out of the company’s natural gas activities in California.
- Represented a technology company in a federal-court lawsuit alleging misstatements and omissions in proxy materials.
- Appointed lead counsel on numerous occasions to represent shareholders in lawsuits challenging various merger transactions.
PUBLICATIONS & SPEAKING ENGAGEMENTS:
- Featured in August 2015 ABA Journal article on “Have we reached the end of the partnership model?” Click here for article.
- “Multi-Jurisdictional Deal Litigation – Texas v. Delaware.” Panel presented at Conference on Multi-Jurisdictional Deal Litigation Seminar in Dallas, Texas, April 2014.
- “A Focus on Class Actions in Federal Court: Class Certification, Pivotal Issues Currently in Play and Coming Down the Pike from The U.S. Supreme Court, Settlement Considerations and More.” Panel presented at American Conference Institute’s 3rd Annual Securities Litigation & Enforcement Seminar in Washington, D.C. February 2014.
- “Developments in Deal Litigation: A Litigator’s Perspective.” Panel at the 2013 Mergers and Acquisitions Institute presented by UT Law CLE in Dallas, Texas.
- “Tales from the Courtroom: What do Juries really think of Eminent Domain Cases.” Presented to the International Right of Way Association, Gulf States Chapter – November 2011.
- “Attorney Fees.” Presented to the Houston Bar Association’s All-Day Ethics Seminar – November 2011.
- “Recent Developments in Securities Litigation.” Presented to the Houston Bar Association’s Securities Litigation and Arbitration Section – October 2011.
- “Transitions: The Advent of Small and Medium-Sized Firms,” Houston Bar Association’s Changing Practice for Changing Times Series, Spring 2010.
- “Contractual Provisions that Protect,” prepared for 2009 Advising Small and Mid-Sized Businesses Course (University of Houston).
- “Litigation Between Buyers and Sellers of Goods,” prepared for 2008 Advanced Civil Litigation Course (University of Houston).
- “Exploring the Impact of Sarbanes-Oxley,” Oil & Gas Financial Journal, October 2006.
- “Freeway Expansions Spawn Raft of Eminent Domain Legal Cases,” Houston Business Journal, Week of July 21–27, 2006.
- “Liability for a Wrongfully Obtained Injunction: The Cause of Action Few Lawyers Understand,” The Advocate, Fall 2005 (with the Honorable Jeff Brown).
- “Supreme Court Tackles Pleading Standard in ‘Broudo’: What Will Be the Long-Term Effect of the Court’s Decision?” Corporate Counsel Weekly, June 29, 2005.
- “Attorney-Client Privilege: Is It No Longer Safe to Talk to a Lawyer?” Houston Business Journal, Week of May 6–12, 2005.
- “Judicial Oversight of Class Action Securities Fraud Settlements,” Legal Backgrounder for Washington Legal Foundation, March 11, 2005. See article.
- “Directors Beware: What the WorldCom Settlement Really Means,” Houston Business Journal, February 7, 2005.
- “Holding Claims: An Emerging Cause of Action for Securities Fraud,” Securities Litigation and Regulation, October 6, 2004.
- “Evidentiary Issues Affected by Tort Reform,” prepared for 2004 How to Offer and Exclude Evidence Course (University of Houston).