Rossman, Andrew

Andrew J. Rossman

Partner

  Biography

Andrew J. Rossman focuses on complex commercial litigation, including securities, bankruptcy and international arbitration and litigation.  Mr. Rossman is frequently lead trial counsel in high-profile disputes for private equity firms, hedge funds, public companies and officers and directors, board committees and creditors' committees in state and federal courts and arbitral tribunals across the country.  He has extensive experience in major bankruptcy cases, private securities and other shareholder lawsuits and international dispute resolution.  Prior to joining Quinn Emanuel he was co-head of the firmwide litigation practice at Akin Gump Strauss Hauer & Feld LLP.

  Notable Representations

  • Successfully represented MetroPCS Wireless, Inc. in a FINRA arbitration against Merrill Lynch.  MetroPCS brought fraud and related claims arising out of Merrill’s sale of over $100 million of auction rate securities comprised of certain tranches of collateralized debt obligations.  The firm leveraged its unmatched expertise in structured finance litigation with its extensive knowledge of Merrill  Lynch’s conduct to take targeted discovery, develop a powerful case and ultimately persuade Merrill Lynch to settle the action on favorable terms prior to the hearing.
  • Represented VeriSign, Inc. in a suit brought by a leading securities class-action plaintiffs’ firm alleging violations of Section 10(b) and 20(a) of the Exchange Act, and Rule 10b-5.  Specifically, plaintiff alleged that Verisign misrepresented the likelihood that the Department of Commerce would approve the renewal of Verisign’s key contract with the Internet Corporation for Assigned Names and Numbers, and that Verisign made certain false financial projections.  The firm went on the offensive by filing an immediate motion to dismiss prior to appointment of lead plaintiff and by challenging plaintiff’s use of investigators to interview Verisign’s former employees.  Within a matter of months, the firm persuaded plaintiff to abandon the case and voluntarily dismiss its claims with prejudice.
  • Currently counsel for the Official Creditors Committee of Lehman Brothers Holdings, Inc. in multibillion lawsuit against JPMorgan Chase & Co. pending in the United States Bankruptcy Court for the Southern District of New York arising from JPMorgan’s demand for $8.6 billion in cash collateral in the last week before Lehman filed for chapter 11, among other actions.
  • Currently counsel for the Official Creditors Committee of Lehman Brothers Holdings, Inc. in multibillion lawsuit against Citibank, N.A., including litigation over Citi’s claims arising from the early termination of nearly 30,000 derivative trades.
  • Representing Sabine Oil & Gas and affiliates in connection with shareholder class action pending in New York Supreme Court arising out of publicly announced transaction with Forest Oil.
  • Represented Chairman of Leap Wireless in connection with shareholder class action lawsuit pending in San Diego Superior Court arising out of publicly announced acquisition by AT&T, which recently settled on favorable terms.
  • Successfully represented J. Christopher Burch and C. Wonder in Delaware Chancery Court action against Tory Burch and the directors of Tory Burch LLC asserting breach of fiduciary duty claims in the context of a proposed sale of equity interests in this multi-billion dollar fashion brand.  Achieved a highly favorable settlement in less than four months after winning motion for expedited discovery and proceedings, enabling Mr. Burch both to consummate a sale of his interests in Tory Burch LLC and to continue to operate his new fashion brand, C. Wonder.
  • Lead trial counsel for MHR Capital Management in its successful defense of litigation brought by Carl Icahn as part of his hostile takeover bid for Lions Gate Entertainment Corp.  In the span of two months, won a trial in British Columbia defeating Icahn’s shareholder oppression claim (later affirmed on appeal) and won a preliminary injunction hearing in New York defeating his request to enjoin the voting of MHR’s shares. 
  • Lead counsel for Pitney Bowes Inc. in defense of Rule 10b-5 securities class action lawsuits pending in the District of Connecticut.  Won motion to dismiss all claims, with prejudice, after taking over the case from previous counsel.
  • Special counsel to G-I Holdings (f/k/a GAF) in estimation litigation to value hundreds of thousands of asbestos lawsuits.  Tried and won contested confirmation hearing, defeating the objection of the United States Government, and allowing the nation’s largest roofing manufacturer to emerge from chapter 11 free of asbestos liability.  (Bankr. D.N.J.)
  • Tried four-week arbitration hearing against a major broker dealer challenging the method of terminating and valuing a swap transaction under the 1992 ISDA Master Agreement, resulting in a successful settlement mid-hearing.
  • Lead counsel for major Indian IT firm, Satyam Computer Services Limited, in fraud and breach of contract suit brought by former customer, Upaid Systems, Ltd.  (E.D. Tex.).  Following settlement, won summary judgment in New York Supreme Court enforcing settlement agreement and declaring Upaid to be responsible for tax liability arising from settlement proceeds.
  • Counsel for court-appointed Examiner in Dynegy Chapter 11.
  • Counsel for VR Capital in lawsuit brought in New York Supreme Court alleging fraud against Troika Dialog arising from investment in failed Russian financing company.  Argued and won First Department appeal on personal jurisdiction and forum non conveniens issues and obtained successful settlement.
  • Obtained orders granting Section 1782 discovery on behalf of Rusal Aluminum from Bank of New York and Trafigura in the Southern District of New York and the District of Connecticut.
  • Counsel for Access Industries defending fraudulent conveyance and preference claims arising out of leveraged buyout of LyondellBasell.
  • Argued before the United States Supreme Court for the Manhattan Democratic Party in Lopez Torres v. New York State Board of Elections and won a unanimous decision establishing the constitutionality of New York's convention system for electing state Supreme Court justices.  The New York Law Journal profiled the Lopez case as one of the Top Cases of 2004.
  • Multi-million dollar jury verdict in hedge fund partnership dispute in New York Supreme Court.  (Sup. Ct. NY Cty.)
  • Trial victory on behalf of international fund manager in $800 million dispute with failed brokerage firm Refco, Inc.  (Bankr. S.D.N.Y.)
  • Trial victory for the Official Creditors' Committee of Loral Space and Communications in dispute over enterprise valuation of leading global satellite business.  (Bankr. S.D.N.Y.)
  • Arbitration victory on behalf of major global pharmaceutical manufacturer in $120 million joint venture dispute.  (CPR arbitration)
  • Won motion to dismiss in federal securities lawsuit against Vimpel Communications, the second largest wireless carrier in Russia.  (S.D.N.Y.)
  • Won motion to dismiss in federal securities lawsuit against Great Wolf Resorts, a family resort chain.  (S.D.N.Y.)
  • Successfully defended Lukoil in tender offer litigation arising from its acquisition of Getty Petroleum, winning dismissal of lawsuit brought by rival bidder.  (Sup. Ct. NY Cty.).
  • Successfully defended Vermont Teddy Bear, Inc. in shareholder lawsuits arising from going private transaction.  (Sup. Ct. Nassau Cty.)
  • Successfully defended Metals USA in shareholder litigation arising from going private transaction.  (DE Chancery Ct.)
  • Represented Apollo Advisors and its principals for over a decade in securities and shareholder litigation and bankruptcy proceedings relating to many portfolio companies, including Samsonite, Healthco, United Rentals, Rare Medium and Linens ‘n Things.
  • Defended Integrated Resources limited partnerships and principals in state and federal securities litigation.
  • Litigation counsel to Official Creditors’ Committee of Solutia, Inc.  (Bankr. S.D.N.Y.)
  • Lead counsel for public biotech company in six-day arbitration hearing against terminated CEO.  (AAA)
  • Lead counsel for JSC Surgutneftegaz, a major Russian oil company, in a putative securities fraud class arbitration commenced by Harvard University.  (AAA class and international arbitration).
  • Lead counsel for a major Argentine natural gas supplier in multi-hundred million dollar dispute with a Chilean buyer regarding the impact on long-term supply contracts of dramatic changes in Argentine export policy.  (ICC arbitration)
  • Successfully defended senior manager of PWC in SEC investigation and enforcement litigation arising out of bankruptcy of Allegheny Health Education and Research Foundation.  (E.D.Pa.)

  Practice Areas

  • Bankruptcy & Restructuring
  • Class Action Litigation
  • Domestic U.S. Arbitration
  • Investment Fund & Fund Advisor Litigation
  • Lender Liability & Other Banking Financial Institution Litigation
  • Securities Litigation
  • Structured Finance & Derivatives Litigation
  • Transnational Litigation

  Education

  • Harvard Law School
    (J.D., 1992)

  • Princeton University, Woodrow Wilson School of Public
    and International Affairs

    (A.B., cum laude, 1989)

  Admissions

The State Bar of New York; United States Supreme Court; United States Courts of Appeals: Second Circuit, Sixth Circuit; United States District Court: Southern District of New York, Eastern District of New York

  Prior Associations

  • Akin Gump Strauss Hauer & Feld LLP:
    • Partner
    • Co-Head of Litigation

  Awards

  • Ranked in New York General Commercial Litigation, Chambers USA 2014
  • Named New York “Super Lawyer” from 2007-2012
  • Mentioned in The American Lawyer's Litigation Department of the Year 2008

Publications and Lectures

  • “Range of Cases Continues to Test the Boundaries of New York Law,” The New York Law Journal (September 2, 2008)
  • “Adapting the Law to Modern Times,” The New York Law Journal (September 10, 2007)
  • "Decisions Highlight Extraterritorial Reach of New York Courts," The New York Law Journal (September 11, 2006)
  • "Scienter and Summary Judgment," The New York Law Journal (December 19, 2005)
  • Co-author, "Recent Lawsuits Against Mutual Funds, Investment Advisors and Related Parties Allege Failure to File Proofs of Claims in Securities Class Action Settlements," The Metropolitan Corporate Counsel (March 2005)
  • Co-author, "Increased Risk of Personal Liability for Outside Directors," Directors Monthly (July 2004)
  • Co-author, "Circuits Divide on the New Pleading Standard for Scienter Under the Securities Reform Act," Andrews Corporate Officers & Directors Liability Litigation Reporter (July 26, 1999)
  • Co-author, "Choosing Lead Plaintiffs Under the Private Securities Litigation Reform Act: Who Shall Lead?" Securities Regulation Law Journal (Summer 1999)

Professional Activities

  • Member, Council on Judicial Administration of New York City Bar
  • Member, New York City Bar Association
  • Member, New York Bar Association