Andrew Kaplan is a partner in the Product Liability & Torts and Advertising & Product Risk Management groups at Crowell & Moring's Washington office.
Andrew has conducted multiple jury and bench trials in federal and state courts, including first-chair responsibility in multibillion-dollar tort litigation.
Andrew's practice involves representing corporations and organizations in consumer protection, product liability, commercial, and healthcare-related actions throughout the United States. He also counsels on product risk management issues and responding to related government civil enforcement actions. Andrew has extensive litigation experience, successfully handling high-profile cases from discovery through appeal.
His prior experience includes five years as a trial attorney in the Civil Division, Torts Branch of the United States Department of Justice (DOJ), where Andrew received multiple Civil Division performance awards for his work. Andrew also instructed trial advocacy and tort seminars at the Department's National Advocacy Center. Prior to DOJ, Andrew spent several years as a litigator in the Washington, D.C. office of a large international law firm.
Recent Jury Trials
- Tried to jury verdict a federal False Claims Act (FCA) case related to allegations of fraudulent billing practices. The trial resulted in a full defense verdict on all claims for the client, a major defense contractor.
- Tried to jury verdict a breach of contract action in state court related to the development of military communications equipment. The trial resulted in a verdict for the client on all claims and counter-claims.
Food Industry Litigation
- Defended food manufacturer in consumer protection lawsuit under the D.C. Consumer Protection Procedures Act (DCPPA) involving product labeling.
- Defended food manufacturer in putative national class action involving product labeling and advertising.
- Represents food trade association in responding to non-party subpoenas in multiple putative class actions involving food labeling.
Life Sciences Litigation
- Defending international medical device manufacturer in all U.S. product liability litigation.
- Litigated more than a dozen medical device product liability actions involving issues related to the Federal Food, Drug and Cosmetic Act (FDCA) and the Premarket Approval (PMA) and Premarket Notification (510(k)) regulatory approval processes.
- Defended an international pharmaceutical company in average wholesale price litigation.
- Defended pharmaceutical manufacturers in product liability litigation.
Commercial & Tort Litigation
- Representing global electronics company in litigation regarding alleged cellphone radiation emissions.
- Representing international government contractor in defamation and tortious interference lawsuit.
- Represented multinational information technology company in disputes with logistics providers.
- Defended a multinational corporation against numerous negligent design and failure to warn claims in multiple jurisdictions. All cases were resolved with no liability.
- Defended a manufacturer of home safety devices in federal putative class action alleging violation of consumer protection statutes. All claims were dismissed with no liability.
- Defended federal government contractor in high-profile wrongful death suit.
- Defended multinational security and aerospace company in large toxic tort action based on alleged ground water contamination.
- Defended an entrepreneur in federal court against multimillion-dollar claim for infliction of emotional distress. All claims were dismissed with no liability.
- Successfully represented corporation in reverse Freedom of Information Act (FOIA) action.
- Defended Blue Cross and Blue Shield companies in Multidistrict Litigation (MDL) national and statewide class actions asserting antitrust claims.
- Defended WellPoint in multiple Employee Retirement Income Security Act (ERISA) litigations.
- Defended Blue Cross and Blue Shield companies in putative federal class action alleging claims under ERISA. All claims were dismissed with no liability.
- Defended WellPoint in putative Medicare class action. All claims were dismissed with no liability.
Andrew has significant experience in risk management, litigation avoidance, and response to government civil enforcement actions, including:
- Counsels food manufacturer on litigation risks for product labeling and advertising.
- Represented a pharmaceutical manufacturer in response to a Federal Food and Drug Administration (FDA) enforcement action under the Federal Food, Drug, and Cosmetic Act (FDCA), including negotiation of a novel consent decree.
- Represented a dietary supplement manufacturer in response to an FDA enforcement action.
- Conducted a product liability risk analysis for a large corporation acquiring a medical device manufacturer.
- Conducted a risk analysis for an international standards institute regarding its involvement in the review of U.S. medical devices.
- Counseled an automotive industry supplier in negotiations with its customer regarding the potential recall of its products and its obligations under the laws administered by the National Highway Traffic Safety Administration (NHTSA).
Admitted to practice: District of Columbia, Virginia, U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Ninth Circuit, and the Eastern District of Virginia, U.S. District and Bankruptcy Courts for the District of Columbia.
Speeches & Presentations
"Supply Chain and Commercial Contracts Recovery: Deals Gone Bad," Crowell & Moring's Second Annual In-House Recovery Conference, Dana Point, CA
(March 10-11, 2016).
Speakers: Greg Call, Beatrice Nguyen, Andrew Kaplan, and Frank Nuzzi.
"Food & Beverage Industry: What Will 2016 Bring?" Webinar
(February 10, 2016).
Presenters: John Fuson, Michelle Gillette, Andrew Kaplan, and Chalana N. Williams.
“Commercial Contracts and Supply Chain,” First Annual In-House Affirmative Recovery Conference, Dana Point, CA
(March 19,. 2015).
Presenters: Andrew Kaplan, Beatrice Nguyen, Jennifer Romano, William Moore (Hewlett-Packard Company)
"Food Class Actions," Food and Drug Law Institute (FDLI) Food Week: Advertising, Labeling, and Litigation Conference, Washington, D.C.
(February 24, 2015).
Presenter: Andrew Kaplan.
"Arbitration Clauses After Concepcion," Blue Cross and Blue Shield Western Operations Conference
(July 9, 2013).
Presenter: Andrew Kaplan.
"The Class Action Rules Have Changed," Blue Cross and Blue Shield Western Operations Conference
(July 9, 2013).
Presenter: Andrew Kaplan.
"Navigating High-Profile Litigation and Administrative Enforcement," Crowell & Moring Advertising and Product Risk Management Seminar
(March 19, 2013).
Moderator: Andrew Kaplan; Panelists: Kevin C. Mayer, Keith J. Harrison, and John Fuson.
"Litigation Risk Mitigation: Getting Inside the Mind of a Plaintiff’s Lawyer," Crowell & Moring Product Risk Management Seminar
(October 19, 2011).
Moderator: Lynn Parseghian. Panelists: Andrew Kaplan, Tracy Roman.
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