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.