Andrew J. Enschedé's practice includes the representation of multi-national companies, traditional commercial litigation and the representation of policyholders in insurance coverage disputes, particularly involving environmental and asbestos liabilities. He also regularly counsels policyholders regarding insurer insolvencies, continually monitors developments surrounding insurance carriers, and counsels companies regularly on policy wordings. He regularly counsels clients concerning corporate formation, interplay with foreign controlled parents, taxation issues and contract negotiations.
Andrew has worked in an executive capacity at a multi-national company operating in China, New Zealand, Australia, Singapore and throughout Western and Eastern Europe.
Areas of Concentration
ˇ International
ˇ Insurance recovery and coverage
ˇ Litigation
ˇ Reinsurance
ˇ Complex corporate transactions
Significant Representations
ˇ Corporate and International Representations
- Representation of a Dutch real estate company in the dissolution of a joint venture with a U.S.-based company.
- Representation of a Netherlands engineering and consulting firm engaged in post-Katrina consulting.
- Representation of a Dutch food producer in connection with various U.S. ventures.
- Representation of a Dutch contractor in connection with various contract negotiations with U.S. corporations.
- Advise on corporate governance and corporate law, corporate disclosures, document management and retention, and subsidiary management.
- Provide counsel to board of directors and executive officers on corporate law, corporate governance and insurance issues.
- Review and negotiate credit agreements and advise on commercial guarantees, letters of credit, interest rate swaps and hedges.
- Provide legal counsel relating to subsidiary management, including maintenance of records, preparation of resolutions and conduct of annual meetings.
- Provide legal counsel in functions relating to document retention and management, including development and maintenance of record retention policies and procedures.
ˇ Insurance Representations
- Handle insurance coverage litigation and provide insurance coverage advice to Fortune 500 companies.
- Provide coverage advice for liabilities arising out of environmental, asbestos, construction and workers' compensation claims, including loss portfolio transfer and guaranteed cost program products.
- Provide advice concerning creation of trusts using insurance assets.
- Coordinate with bankruptcy counsel concerning potential bankruptcy filings and using insurance coverage proceeds to fund bankrupt estate.
- Analyze and provide coverage advice in connection with corporate mergers and acquisitions.
- Work on various claims involving insolvent insurers such as KWELM, The Home Insurance Company, Transit Casualty Company, Legion Indemnity Company and Reliance Insurance Company.
- Provide advice concerning potential cut-through possibilities to reinsurance of insolvent carriers.
- Lead counsel representing policyholder intervenors in connection with acquisition of insurance company.
- Counsel clients concerning acquisitions of insurance and structuring risk management programs.
ˇ Litigation Representations
- Representation of companies in all phases of litigation, including discovery and trial.
- Principal negotiator and drafter of multiple settlements in complex litigation.
- Lead counsel representing a municipality in connection with an adversary proceeding filed against the bankruptcy estate of a cable company resulting in settlement of $56 million.
ˇ Reported Decisions
- International Casings Group, Inc. v. Premium Standard Farms, Inc., 358 F. Supp. 2d 863 (WD Mo. 2005)
Professional & Community Involvement
ˇ Assistant Secretary, Fri-Jado, Inc.
ˇ Haskoning, Inc.
- Member, Board of Directors
- Secretary
ˇ Member, American Bar Association
- Member, Insurance Coverage Litigation Committee, Section of Litigation
- Former Co-Chair, Comprehensive General Liability Subcommittee, Insurance Coverage Litigation Committee
ˇ Chairman and Founder, Netherland-American Foundation Dutch Chicago Business Exchange
ˇ Director, Netherland-America Foundation
ˇ Director, American Liver Foundation - Illinois Chapter
ˇ Member, Alumni Council - The John Marshall Law School
ˇ Immediate Past President, The Netherlands Club of Chicago
Articles, Publications, & Lectures
Articles
ˇ Author, "European Guide to Industrial Trading Regulations and Practices (GINTRAP)," January 1, 1990
ˇ Author, "Report on State Immunity from Jurisdiction and Execution," January 1, 1989
Speeches
ˇ Speaker, "Doing Business in the United States," the Netherlands American Counsel for Trade Promotion, Amsterdam, The Netherlands, November 26, 2008
ˇ Speaker, "Using Insurance to Fund and Defend Patent Litigation," 2006 American Intellectual Property Law Association Spring Meeting, Chicago, May 3 - 5, 2006