Andrew R. Sperl practices in the areas of appellate litigation, corporate governance and shareholder disputes, and commercial litigation. A member of the firm's appellate practice group, Mr. Sperl has briefed cases before each of Pennsylvania's appellate courts and the United States Court of Appeals for the Third Circuit. Mr. Sperl is a 2011 graduate of New York University School of Law, where he was staff editor for the Annual Survey of American Law, and a graduate of Columbia University.
· Obtained on behalf of former NFL star Jason Taylor and two business partners a decision from the United States Court of Appeals for the Third Circuit ordering the return of deposits totaling $1.5 million paid in connection with a failed real estate transaction in the Virgin Islands. Addie v. Kjaer, __ F.3d __, 2013 WL 6577144 (3d Cir. 2013).
· Obtained on behalf of a pro bono client a victory in the Superior Court of Pennsylvania on a legal issue of first impression, where the Court vacated an order which had denied the client's petition for relief filed pursuant to the Post Conviction Relief Act (PCRA).
· Obtained a decision from the Superior Court of Pennsylvania affirming a summary judgment decision involving the defense of alleged controlling shareholder liability and breach of fiduciary duty claims arising from a "down round" financing of a high-tech startup, a microelectromechanical systems (MEMS) acoustic chip manufacturer in Pittsburgh.
· Obtained on behalf of a motor vehicle company, in a significant asbestos-related appeal before the Superior Court of Pennsylvania, a reversal of an order granting a mistrial and a reinstatement of a defense verdict from the Philadelphia Court of Common Pleas.
· Member of appellate team that obtained on behalf of a development firm a ruling from the Supreme Court of Pennsylvania, reversing a prior ruling by the Commonwealth Court of Pennsylvania, holding that neighboring landowners who become parties to a zoning hearing, but are not party appellants to the land use appeal, lack standing to appeal. Stuckley, et al. v. ZHB of Newtown Twp., et al.
· Represented Special Litigation Committee of bank holding company in internal investigation of putative shareholder derivative claims related to breach of fiduciary duty.
· Obtained summary judgment on behalf of a defendant where plaintiff claimed asbestos attributable to the client caused a decedent's mesothelioma and subsequent death. Plaintiff's claims included an attempt to pierce the corporate veil to hold the client liable for its wholly owned subsidiary.
· Representing venture capital firm in securities fraud and breach of fiduciary duty dispute involving shareholders, lenders and chief executive officer arising out of a $210 million acquisition of a startup environmental technology company.
· Duane Morris LLP
- Associate, 2011-present
· Pennsylvania Bar Association
· Philadelphia Bar Association
· Publications and Speaking Engagements
· Author, "Supreme Court Bars Design-Defect Claims Against Generic Drug Companies," GenericsWeb INNsight, August 2013
· Author, "Supreme Court Holds FDCA Preempts Common Law Design-Defect Claim Against Generic Drugs," Duane Morris Alert, July 2, 2013
· Co-Author, "Report on Offense Grading in New Jersey" University of Pennsylvania Law School, Public Law Research Paper No. 11-03
· Co-Author, "Social Networking Sites: Subject to Discovery?" National Law Journal, August 23, 2010.
Selected Speaking Engagements
· Speaker and Co-author, "Attorney-Client Privilege - The Basics and Some Difficult Litigation Issues," Duane Morris LLP In-House CLE Program, February 2013