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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 
Andrew T. Frankel
Partner
 
425 Lexington Avenue
New York, NY 10017 
 
Email:
Phone: +1-212-455-3073
Fax: +1-212-455-2502
Andy Frankel has nearly 25 years of experience representing a range of clients in a wide variety of complex commercial litigation, complex insurance coverage litigation, securities litigation, mass tort and product liability litigation, as well as antitrust, corporate investigations and white-collar criminal proceedings.  He has successfully litigated cases in state and federal trial and appellate courts throughout the country and in domestic and international arbitrations. On a pro bono basis, he has represented Washington Legal Foundation, Families of September 11, Inc. and a number of federal, state and local officials, as well as the City of New York.

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Work Highlights
  • Representation of financial institutions including RBS, Deutsche Bank and others as issuers and underwriters in numerous residential-mortgage-backed securities litigations, including suits brought by the FHFA, the FDIC and other purchasers of mortgage-backed securities.
  • Representation of Travelers Indemnity Company in Travelers Indemn. Co. v. Bailey, 557 U.S. 137 (2009), in which the Supreme Court resolved important issues concerning the finality and permissible scope of bankruptcy court injunctions.
  • Representation of insurers and other parties as creditors in numerous asbestos-related bankruptcy proceedings and appeals, including in 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.
  • Representation of major property casualty insurer in actions alleging violations of the Fair Housing Act under disparate impact and disparate treatment theories.
  • Representation of insurers and others in numerous high-stakes coverage-related disputes, including Plant Insulation Co. v. Fireman’s Fund Ins. Co. (Super. Ct. San Francisco); Bondex Int'l, Inc. v. Hartford Accident & Indem. Co., 667 F.3d 669 (6th Cir.2011), Travelers Casualty and Surety Company v. Honeywell Int’l Inc., (New York and New Jersey state courts) E.I. DuPont Nemours and Co. v. Travelers Casualty and Surety Co., (Texas state court). 
Education
  • Brooklyn Law School, 1990 J.D.
    cum laude; Brooklyn Law Review
  • Drexel University, 1987 B.S.
Associations
  • American Bar Association
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)
Admissions
  • New York 1991
  • New Jersey 1990
  • U.S. District Court District of New Jersey 
  • U.S. District Court Eastern District of New York 
  • U.S. District Court Southern District of New York 
  • United States Court of Appeals for the Second Circuit 
  • United States Court of Appeals for the Third Circuit 
  • United States Court of Appeals for the Sixth Circuit 
  • United States Court of Appeals for the Ninth Circuit 
  • U.S. Supreme Court 

Andy Frankel is a partner in the Firm’s Litigation Department, where he has nearly 25 years’ experience successfully representing clients in a wide variety of commercial disputes, including litigation involving insurance, securities, product liability, and antitrust, as well as in corporate investigations and white-collar criminal proceedings. Andy 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.

Andy’s engagements include:

  • Representation of major financial institutions, including Royal Bank of Scotland, Deutsche Bank, and others as issuers and underwriters in connection with numerous residential mortgage-backed securities litigations, including suits brought by the Federal Housing Finance Agency, the Federal Deposit Insurance Corporation and other purchasers of mortgage-backed securities in numerous state and federal courts;
  • Representation of major property casualty insurer in actions alleging violations of the Fair Housing Act and state law under disparate impact and disparate treatment theories;
  • Representation of Travelers Indemnity Company in Travelers Indemn. Co. v. Bailey, 557 U.S. 137 (2009), in which the Supreme Court resolved important issues concerning the finality and scope of bankruptcy court injunctions;
  • Representation of insurers in complex coverage disputes at the trial and appellate level and in mediations throughout the country, including Plant Insulation Co. v. Fireman’s Fund Ins. Co. (Super. Ct. San Francisco); Bondex Int'l, Inc. v. Hartford Accident & Indem. Co., 667 F.3d 669 (6th Cir. 2011), Travelers Casualty and Surety Company v. Honeywell Int’l Inc., (New York and New Jersey state courts) E.I. DuPont Nemours and Co. v. Travelers Casualty and Surety Co. (Texas state court);
  • Representation of insurers and other parties in numerous bankruptcy proceedings, including in 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.; and lead national counsel for a major insurer in connection with direct actions under various product liability theories.

Andy successfully represented B.A.T Industries plc in numerous healthcare expense reimbursement actions seeking billions of dollars in damages, and has represented clients in a range of other complex commercial disputes, including antitrust disputes, corporate investigations, and white-collar criminal proceedings.

On a pro bono basis, Andy 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 as amici curiae in support of the constitutionality of New York City’s subway bag inspection program. Andy 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.

Andy joined Simpson Thacher in 1992 and became a Partner in 1999.  Prior to joining the Firm, Andy clerked for Judge Morton I. Greenberg of the U.S. Court of Appeals for the Third Circuit, and Judge Mitchell H. Cohen of the U.S. 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

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