Andrew Kaplan is a counsel in the Torts Group at Crowell & Moring's Washington office.
Andrew's practice involves representing corporations and organizations faced with product liability and various tort actions throughout the United States. He also counsels on product risk management issues and responding to related government civil enforcement actions. Andrew has extensive litigation experience, successfully handling high-profile cases from discovery through appeal.
His prior experience includes five years as a trial attorney in the Civil Division, Torts Branch of the United States 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 the Department of Justice, Andrew spent several years as a litigator in the Washington, D.C. office of a large international law firm.
Andrew has conducted multiple jury and bench trials in federal and state courts, including first-chair responsibility in multibillion-dollar tort litigation.
Andrew has defended companies in wide-ranging litigation, including:
· Tried to jury verdict a federal False Claims Act ("FCA") case related to allegations of fraudulent billing practices. The trial resulted in a full defense verdict on all claims for the client, a major defense contractor.
· Defended a multinational corporation against numerous negligent design and failure to warn claims in multiple jurisdictions. All cases were resolved with no liability.
· Defended numerous insurance companies in putative federal class action alleging claims under the Employee Retirement Income Security Act ("ERISA"). All claims were dismissed with no liability.
· Successfully 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 an international pharmaceutical company in average wholesale price litigation.
· Tried to jury verdict a breach of contract action in state court related to the development of military communications equipment. The trial resulted in a verdict for the client on all claims and counter-claims.
· Defended a large toxic tort action based on alleged ground water 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 ("FOIA") action.
· Successfully intervened on behalf of numerous insurance companies in federal and state court coverage actions to protect clients' interests.
· Defended pharmaceutical manufacturers in product liability litigation.
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 ("FDA") enforcement action under the Federal Food, Drug, and Cosmetic Act ("FDCA"), including negotiation of a novel consent decree.
· 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.
· 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 ("NHTSA").
Speaking Engagements
· "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.