Andrew D. Kaplan, Partner Washington, D.C.
akaplan@crowell.com
Phone: +1 202.624.2699
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Andrew D. Kaplan is vice-chair of Crowell & Moring’s Mass Tort, Product, and Consumer Litigation Group. He is also a member of the Advertising & Product Risk Management Group.

Andrew is a first-chair trial attorney who has conducted multiple jury and bench trials in federal and state courts, including first-chair responsibility in multibillion-dollar tort litigation. Informed by his litigation experience, Andrew also provides strategic counseling to clients on risk mitigation and compliance programs.

Andrew's litigation practice primarily focuses on defending medical device, pharmaceutical and other Federal Food and Drug Administration (FDA)-regulated companies. He is currently national counsel for multiple medical device companies, coordinating national strategy and litigating in jurisdictions throughout the United States.

Andrew’s counseling practice focuses on product risk management issues and responding to related government civil enforcement actions. 

His prior experience includes five years as a trial attorney in the Civil Division, Torts Branch of the U.S. Department of Justice, 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. 

Andrew also maintains an active pro bono practice focused on representing victims of domestic violence in obtaining and enforcing civil protection orders. 

Representative Engagements

Life Sciences Litigation

  • Seven years as national counsel for international medical device manufacturer in all U.S. product liability litigation.
  • National counsel for large U.S. medical device manufacturer, representing company in mass tort litigation and coordinating defense of product liability lawsuits. 
  • Litigated dozens of 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.

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.
  • Represented food trade association in responding to non-party subpoenas in multiple putative class actions involving food labeling.

Healthcare Litigation

  • 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 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.

Commercial & Tort Litigation

  • Representing global electronics company in litigation regarding alleged cell phone 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 groundwater 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 action.

Risk Management

Andrew has significant experience in risk management, litigation avoidance, and response to government civil enforcement actions, including:

  • Represented a pharmaceutical manufacturer in response to a Federal Food and Drug Administration enforcement action under the Federal Food, Drug, and Cosmetic Act (FDCA), including negotiation of a novel consent decree.
  • Counseled food manufacturer on litigation risks for product labeling and advertising.
  • 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 product liability/regulatory risk assessment for medical device and pharmaceutical company.
  • 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.


Affiliations

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

  • "Commercial Contracts, Logistics & Supply Chain: Ways to Create Value and a Sustainable Stream of Affirmative Recovery," RILA’s Retail Law Conference, Atlanta, GA (October 25, 2016). Presenters: Beatrice B. Nguyen and Andrew Kaplan.
  • "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). Presenters: Greg Call, Beatrice B. 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 B. 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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Firm News & Announcements

Feb.04.2016 Litigation Note: Corin Wins Summary Judgment
Jan.14.2014 Crowell & Moring Elects Five New Partners and Promotes Fourteen Associates to Counsel
Oct.05.2011 Crowell & Moring Consumer Product Safety Seminar to Feature Senator Mark Pryor and Other Key Government Officials