Photograph of Andrew Holmer

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Education

  • Chapman University, B.A. social science (2005) cum laude
  • University of California, Los Angeles, M.P.P. (2009)
  • University of California, Los Angeles School of Law, J.D. (2009)

Admissions

  • California

Andrew Holmer

,
 Counsel Los Angeles
aholmer@crowell.com
Phone: +1 213.443.5509
515 South Flower St., 40th Floor
Los Angeles, CA 90071-2201

Andrew Holmer is a counsel in Crowell & Moring's Los Angeles office and is a member of the firm's Litigation Group. Andy focuses his practice on representing clients in class action litigation, ERISA health care litigation, trade secrets litigation, commercial contract litigation, and business tort and unfair competition litigation.

Andy represents clients in the health care, aerospace, technology, and automotive industries in state and federal court, and in alternative dispute resolution. He has taken a leading role in bench and jury trials in California and federal courts, and in appeals to the Ninth Circuit Court of Appeals, the California Court of Appeals, and the California Supreme Court. In addition, Andy regularly represents clients as third-parties in responding to subpoenas in private litigation as well as in response to civil investigative demands from state and federal regulators. 

Prior to joining Crowell & Moring, Andy served as a law clerk to the Honorable André Birotte, Jr. in the United States District Court for the Central District of California, and as a career law clerk to the Honorable Lee Smalley Edmon and the Honorable Amy D. Hogue in the Los Angeles Superior Court's Complex Civil Litigation division.

Andy is an active member of the Los Angeles Chapter of the Association of Business Trial Lawyers, and serves as the Chair its Young Lawyers Division. He also serves as an editor for the California Antitrust and Unfair Competition Law treatise’s chapter on state law business torts.

Representative Business Litigation and Trade Secrets Matters:

  • Defends a leading aerospace company in an ongoing breach of contract and trade secrets case brought by a former supplier of aircraft avionics systems alleging damages in excess of $100 million.
  • Represented a major research university as a plaintiff in a contract dispute valued at more than $100 million with a large pharmaceutical company over amounts owed to the university under a patent license agreement. After a week of jury selection, the case was resolved favorably for the client on the eve of opening statements.

Representative Class Action Matters:

  • Defends one of the nation’s largest health insurers in an ERISA class action regarding the company’s process for determining issues of behavioral health coverage and medical necessity. After successfully defeating the plaintiffs’ nine-figure disgorgement claims at summary judgment, the case proceeded to a three-week class action bench trial. The matter is currently in post-trial briefing.
  • Defends a major managed care company in two related ERISA class action lawsuits regarding the company’s practice for determining behavioral health coverage for “wilderness therapy.”
  • Defends a leading auto maker in a national consumer class action lawsuit asserting civil RICO, breach of warranty, unfair competition, and fraud claims brought under federal law and the law of a dozen states relating to allegations of engine valve guide wear.
  • Represents a Big Three auto manufacturer in a consumer class action asserting claims under California consumer protection and unfair competition statutes relating to a vacuum pump braking system.

Representative Appellate Matters:

  • Represented The Regents of the University of California and a UC professor in the California Court of Appeal, defending a $32 million judgment on a successful counterclaim and defeating the plaintiff’s claims of fraud and breach of contract valued at nearly $1 billion. The appeal was resolved in The Regents’ favor, affirming the trial court’s judgment in full. Andy’s representation included successfully opposing the plaintiff’s petition for review in the California Supreme Court.
  • Represented a major drone manufacturer in the California Court of Appeal on appeal from a multi-million dollar jury verdict. The appeal was resolved in a favorable settlement after a successful mediation.

Representative non-Party Discovery Matters:

  • Represents a major California health plan as a non-party in responding to multiple document and deposition subpoenas in two related antitrust class action lawsuits against a large California hospital system. Andy successfully negotiated to avoid over 10 depositions and to substantially reduce the client’s document collection and production.
  • Represents a managed care client as a non-party in responding to subpoenas issued in a qui tam action in California state court alleging overbilling for hospital services by one of the client’s network providers.
  • Represents a client as a non-target in responding to multiple confidential civil investigative demands from the Federal Trade commission in ongoing antitrust conduct and merger investigations.


Affiliations

Admitted to practice: California, U.S. Courts of Appeals for the Ninth Circuit, U.S. District Courts for the Central, Eastern, Northern, and Southern Districts of California

Professional Memberships

  • Association of Business Trial Lawyers, Los Angeles Chapter, Young Lawyers Division Chair


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Jan.04.2018 Crowell & Moring Elects Seven New Partners and Promotes 23 Associates to Counsel