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Schapiro, Andrew

Andrew H. Schapiro

Partner

andrewschapiro@quinnemanuel.com
Direct Tel: +1 312-705-7403
Chicago
Tel: +1 312 705 7400 Fax: +1 312 705 7401
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

In a career spanning three decades, Andy Schapiro has obtained precedent-setting victories for major companies and individuals in trials and appeals concerning data privacy, copyright, and a broad range of complex commercial disputes.  He also has obtained numerous acquittals at trial and reversals on appeal for individuals charged with crimes.  Andy’s skills as an advocate have earned him recognition as a “superstar” among appellate lawyers by Legal 500 United States and as a repeat winner of The American Lawyer’s “Litigator of the Week” award.

Tech and communications companies regularly turn to Andy to handle high-stakes copyright litigation.  His successes include winning a milestone victory for YouTube and its parent Google as lead counsel in a billion-dollar infringement suit brought by Viacom in federal district court in New York. The court’s landmark decision held that the Digital Millennium Copyright Act’s “safe harbor” protects YouTube against liability for the presence of allegedly infringing videos on the site. The Washington Post called the win “an immense legal victory” for Google, and The New York Times noted the ruling’s “major implications for the scores of Internet sites . . . that are largely built with content uploaded by their users.”  Andy recently represented Charter Communications in a series of fiercely litigated copyright suits brought by major record labels and music publishers, and he currently is defending X Corp. (formerly Twitter) against music publishers’ allegations of copyright infringement stemming from users’ posts on the service.

In the field of data privacy, Andy’s recent successes include winning summary judgment for Google as lead counsel in Calhoun et al. v Google, a high-profile class action in which plaintiffs sought billions of dollars on behalf of all US Chrome users on the basis of Google’s alleged misappropriation of personal data through its third-party web services.  The Daily Journal selected the summary judgment victory as one of the “Top Verdicts” of 2022. He is currently defending Google in a separate privacy class action brought by users of the “Incognito” browsing mode, in which he and a team from QE persuaded the court to reject the plaintiffs’ request to certify a damages class.

Andy has won victories for both plaintiffs and defendants in civil RICO suits, and obtained one of the largest jury verdicts ever reported in a New York trade-secrets case, on behalf of a global manufacturer of transportation equipment .

In criminal matters Andy’s successes include winning acquittal at trial on all counts for a NYSE Specialist Broker accused of securities fraud–a result The Wall Street Journal noted was the government’s “first defeat in prosecutions of allegedly improper trading activity on the New York Stock Exchange” after a string of convictions in a series of closely watched cases. The WSJ observed that after a two-week jury trial, the verdict in favor of Mr. Schapiro’s client was “quick and unanimous.”  Andy has also won jury acquittals on all counts for, among others, individuals accused of bribery, conspiracy, and commercial extortion.  Andy co-authored the brief that persuaded the Second Circuit to throw out the obstruction of justice conviction of well known investment banker Frank Quattrone. In the wake of that decision, in the words of Time magazine, “prosecutors waved a white flag” and abandoned any effort to pursue a retrial.

Andy stepped away from the firm from 2014-17 to serve as the U.S. Ambassador to the Czech Republic, after being nominated by President Obama and confirmed by a unanimous Senate. In that position he led a 240-person multi-agency post and strengthened the US relationship with this important NATO ally and trading partner. During his tenure, he advocated for and negotiated on behalf of the U.S. government and U.S. companies on a daily basis, strengthening a $6 billion trade relationship and deepening cooperation on issues such as cyber security, education, and law enforcement.  

Andy is a magna cum laude graduate of Harvard Law School, where he was a recipient of the Sears Prize and Articles Co-Chair of the Harvard Law Review.  He served as a law clerk to Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and to Justice Harry A. Blackmun of the U.S. Supreme Court.  He received his undergraduate degree from Yale, magna cum laude, and earned an M.A. from Oxford University, as a Marshall Scholar.

  • Argued and won important appeal for Google in the U.S. Court of Appeals for the Ninth Circuit in long-running copyright dispute with company that claimed Google infringed the copyrights in thousands of images. The Ninth Circuit upheld a lower court’s decision not to grant a preliminary injunction against Google, and in a precedent-setting ruling reversed its longstanding rule that a plaintiff alleging copyright infringement can automatically satisfy the “irreparable harm” requirement merely by showing likelihood of success on the merits.  (Perfect 10 v. Google, 9th Cir.)
  • Won jury verdict for global manufacturer of transportation equipment as co-counsel in federal trial concerning misappropriation of client’s trade secrets. The jury’s award, which represented the full amount sought, is one of the largest ever reported in a New York trade-secrets case.  (Faiveley v. Wabtec, S.D.N.Y.)
  • Lead counsel for Cablevision in federal lawsuit brought by programmers seeking to enjoin Cablevision from offering its subscribers an application that it had developed for the iPad. The Wall Street Journal called the dispute, which involved both contractual and copyright claims, “a public war over who will control video piped into American living rooms.” The parties reached a mutually satisfactory settlement.  (Viacom v. Cablevision, S.D.N.Y.)
  • Argued and won significant appeal in the First Circuit U.S. Court of Appeals for Las Vegas Sands Corporation CEO Sheldon Adelson. The court’s unanimous decision rejected the claims of a former business partner in a billion-dollar dispute over ownership of the Venetian Macao hotel and casino resort.  (Adelson v. Hananel, 1st Cir.)
  • Won summary judgment as lead counsel for YouTube and its parent Google in a billion-dollar copyright infringement suit brought by Viacom in federal district court in New York. The court’s landmark decision held that the Digital Millennium Copyright Act’s “safe harbor” protects YouTube against liability for the presence of allegedly infringing videos on the site. The Washington Post called the win “an immense legal victory” for Google, and The New York Times observed that “the ruling in the closely watched case could have major implications for the scores of Internet sites” that rely on user-generated content.  (Viacom et al. v. Google et al., S.D.N.Y.)
  • Represented Bernard Kerik, the former Police Commissioner of New York City, in his appeal before the United States Court of Appeals for the Second Circuit.  (U.S. v. Kerik, 2nd Cir.)
  • Won acquittal on all counts for NYSE Specialist Broker accused of securities fraud as lead counsel in two-week jury trial. The Wall Street Journal noted that the victory was the government’s “first defeat in prosecutions of allegedly improper trading activity on the New York Stock Exchange,” and observed that the jury’s verdict in favor of Mr. Schapiro’s client was “quick and unanimous.”  (U.S. v. Scavone, S.D.N.Y.)
  • Argued and won important appeal in New York’s highest court establishing that a plaintiff cannot prove negligent design in a products liability case without showing that the proposed safer alternative would have been acceptable to consumers. (Adamo v. Brown & Williamson, N.Y. Court of Appeals)
  • Co-authored the brief that persuaded the Second Circuit to throw out the obstruction of justice conviction of well known investment banker Frank Quattrone. In the wake of that decision, in the words of Time magazine, “prosecutors waved a white flag” and abandoned any effort to pursue a retrial.  (U.S. v. Quattrone, 2nd Cir.)
  • Co-authored successful certiorari petition and winning merits briefs in landmark Supreme Court case establishing new limits on punitive damages.  (Philip Morris USA v. Williams, U.S. Supreme Court) 
  • Won reversal of highly publicized murder conviction, pro bono, after demonstrating significant prosecutorial and police misconduct.  (People v. DiGuglielmo, Westchester County)
  • Co-authored winning appellate brief for business owner convicted of wire fraud and tax fraud in connection with sales of industrial chemicals.  (U.S. v. Shellef, 2d Cir.)
  • Co-authored merits brief for the New York Board of Trade in Supreme Court case about the limits of standing to sue under the Commodities Exchange Act; case dismissed pursuant to Rule 46.1.  (Klein & Co. Futures, Inc. v. Board of Trade of the City of New York, U.S. Supreme Court)
  • Argued and won appeal for attorney convicted of fraud, resulting in vacatur of sentence and release of client.  (U.S. v. Conley, 5th Cir.)
  • Represented the American Bar Association as amicus curiae in the U.S. Supreme Court’s landmark case banning execution of people with mental retardation. (Atkins v. Virginia, U.S. Supreme Court)
  • Won acquittal on all counts for businessman charged with attempting to extort millions of dollars from a large financial institution.  (U.S. v. Greer, S.D.N.Y.)
  • Won acquittal on all counts for business owner charged with violating federal bribery statutes in connection with school construction contracts.  (U.S. v. Lech, S.D.N.Y.)

 

 

  • Harvard Law School
  • (J.D., magna cum laude, 1990)
    •  Harvard Law Review:
      • Co-Chair, Articles Office
    • Recipient, Sears Prize
  • Oxford University
  • (M.A., Philosophy, Politics, and Economics, 1987)
    •  Marshall Scholar
  • Yale University
  • (B.A., magna cum laude, Phi Beta Kappa, 1985)
  • The State Bar of Illinois
  • The State Bar of New York
  • United States Supreme Court
  • United States Courts of Appeals:
    • First Circuit
    • Second Circuit
    • Fifth Circuit
    • Ninth Circuit
    • Tenth Circuit
    • Federal Circuit
  • United States District Courts:
    • Northern District of Illinois
    • Southern District of New York
    • Eastern District of New York
  • U.S. Department of State:
    • United States Ambassador to the Czech Republic, 2014-2017
  • Quinn Emanuel Urquhart & Sullivan, LLP:
    •  Partner, 2011-2014
  • Mayer Brown LLP:
    • Partner, 2001-2011
    • Associate, 1998-2000
  • Federal Defenders’ Office for the Southern District of New York:
    • Trial Attorney, 1993-1998
  • Law Clerk to the Hon. Richard A. Posner:
    • United States Court of Appeals for the Seventh Circuit, 1991-1992
  • Law Clerk to the Harry A. Blackmun:
    •  United States Supreme Court, 1992-1993
  • Named “Litigator of the Week” by The AmLaw Litigation Daily (June 24, 2010 and April 25, 2013).
  • Ranked in the Legal 500 USA as one of the country’s leading appellate lawyers.
  • Selected for inclusion in the Best Lawyers in America in appellate practice, 2023-2025
  • Selected as a New York “Super Lawyer” each year since the list’s inception.
  • Firm Memorandum: Title III Suits Under The Helms-Burton Act - A Primer, (May 2019).
  • Firm Memorandum: Illinois Supreme Court Opens the Floodgates to Biometric Information Privacy Act Suits (February 2019).
  • “Discretionary Interlocutory Appeals and Mandamus,” and “Criminal Appeals,” Federal Appellate Practice, BNA Books, 2008.
  • “Serving Two Masters: When is Joint Representation of a Corporation and its Employees Permissible?”, New York Low Journal, July, 18, 2005.
  • “Supreme Court Practice” (Chapter in A Defense Lawyer’s Guide To Appellate Practice (2004)) (with A. Frey).
  • “Second Circuit Review Before Final Judgment” New York Law Journal, August 23, 2004.
  • “Federal Grand Jury Investigating A Corporate Client? Counsel Wisely,” New York Law Journal, March 29, 2004 (with S. Chesin).
  • “Guideline Developments in the Second Circuit: A Willingness to Make law,” 7 Fed. Sent. R. 230 (1995).
  • Note, “The Disenfranchisement of Ex-Felons: Citizenship, Criminality, and The Purity of the Ballot Box,” 102 Harv. L. Rev. 1300 (1989).
  • Member, Second Circuit CJA Advisory Committee
  • Member, Board of Directors, Federal Defenders of New York, 2006-2011