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Andrew T. Frankel
Partner

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-3073
Fax:  (212) 455-2502
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Andy Frankel is a partner in the Firm’s Litigation Department where he represents clients in a wide variety of commercial disputes.  Mr. Frankel represents or has represented clients in a range of complex litigations including insurance litigation, securities litigation, antitrust litigation, product liability litigation, corporate investigations and white-collar criminal proceedings.  He has litigated cases in domestic and international arbitrations, and in state and federal trial and appellate courts in Alabama, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Minnesota, Mississippi, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Texas, Washington, West Virginia, and Puerto Rico.

Mr. Frankel currently represents financial institutions in connection with numerous residential mortgage-backed securities litigations, including suits brought by the F.H.F.A., the F.D.I.C. and other purchasers of RMBS.

Mr. Frankel also regularly represents insurers in a range of disputes at the trial and appellate level and in mediations throughout the country.  He serves as national counsel for a major insurer in connection with direct actions under various product liability theories, and in numerous mass tort-related coverage and bankruptcy litigations in state and federal courts.  Along with Barry Ostrager, he successfully represented Travelers Indemnity Company in Travelers Indemn. Co. v. Bailey, 557 U.S. 137 (2009), which resolved important issues relating to the rights of settling insurers in asbestos-related bankruptcies.  Mr. Frankel has been lead counsel for Travelers and other parties in numerous high-stakes coverage-related disputes, including Plant Insulation Co. v. Fireman’s Fund Ins. Co. (Super. Ct. San Francisco) (successful ruling after trial on alleged non-products coverage issues); Bondex Int'l, Inc. v. Hartford Accident & Indem. Co., 667 F.3d 669 (6th Cir.2011) (affirming favorable grant of summary judgment in action seeking coverage for asbestos liabilities), Travelers Casualty and Surety Company v. Honeywell Int’l Inc., (New York and New Jersey state courts) (favorable settlement).  Mr. Frankel has represented insurers and other parties in numerous asbestos-related bankruptcy proceedings, including In re Johns-Manville Corp., Hillsborough Holding Co., North American Refractories Corp., Global Industrial Technologies, Mid-Valley, API, The Muralo Co., ACandS, Western MacArthur, Plant Insulation and Specialty Products Holding Corp.

On a pro bono basis, Mr. Frankel appeared at the trial court level and on appeal in McWade v. Kelly, 460 F.3d 260 (2d Cir. 2006), on behalf of the Washington Legal Foundation, Families of September 11, Inc. and a number of federal, state and local officials including U.S. Rep. Peter T. King (Chairman of the House Committee on Homeland Security) as amici curiae in support of the constitutionality of New York City's subway bag inspection program.  Mr. Frankel has also assisted the City of New York and the New York Police Department in connection with hundreds of lawsuits against the City stemming from protests at the 2004 Republican National Convention, and litigation against the City and N.Y.P.D. arising from other mass protests conducted in the city.

Mr. Frankel joined the Simpson Thacher in 1992 and became a partner in 1999.  Prior to joining the firm, Mr. Frankel clerked for Judge Morton I. Greenberg of the United States Court of Appeals for the Third Circuit, and Judge Mitchell H. Cohen of the United States District Court for the District of New Jersey.  He is a 1990 graduate of Brooklyn Law School, where he was a member of the Brooklyn Law Review.

Honors/Associations
•  American Bar Association
Publications
Insurance Law Alerts
Developments In New York Insurance Law: New York Joins States That Require Prejudice To Insurers For Disclaimer of Coverage Based on Late Notice; Allows Direct Actions Against Insurers
The Supreme Court Limits Punitive Damages Award In The Exxon Valdez Case To 1:1 Ratio To Compensatory Damages
Continental Casualty Company v. Employers Insurance Company of Wausau: New York Court Decides Significant Asbestos Coverage Issues Against Insurer
Speaking Engagements
•  Andrew Frankel and Mary Kay Vyskocil To Speak at Perrin Conference’s "Emerging Insurance Coverage & Allocation Issues in 2012" Program on February 23, 2012
February 1, 2012
Admissions
•  New Jersey 1990
•  New York 1991
•  U.S. District Court District of New Jersey 1990
•  U.S. District Court Eastern District of New York 1992
•  U.S. District Court Southern District of New York 1992
•  United States Court of Appeals for the Second Circuit 2006
•  United States Court of Appeals for the Third Circuit 2005
•  United States Court of Appeals for the Sixth Circuit 2009
•  United States Court of Appeals for the Ninth Circuit 2012
•  U.S. Supreme Court 2005
Clerkships
•  Hon. Morton I. Greenberg, U.S. Court of Appeals, Third Circuit (1991-1992); Hon. Mitchell H. Cohen, U.S. District Court, District of New Jersey (1990-1991)
Education
•  Brooklyn Law School, 1990 J.D.
cum laude; Brooklyn Law Review
•  Drexel University, 1987 B.S.



•  Litigation
•  Insurance/Reinsurance
•  Product Liability and Mass Tort
•  International Arbitration and Dispute Resolution
 
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