Andrew Clubok

Andrew has represented:

• A leading global social media company and its officers and directors in many high-stakes cases, including in the successful defense of securities class actions and shareholder derivative lawsuits that followed its high-profile IPO and a US$250 billion stock drop; in privacy, advertiser, and consumer class actions; in litigation and regulatory inquiries regarding a criminal attack on the company’s web platform that resulted in the compromise of user data for approximately 30 million people; and in defense of claims brought under the Telephone Consumer Protection Act (TCPA)
• UBS in a lawsuit against a hedge fund winning a more than US$1 billion judgment after a three-week trial for fraud and breach of contract relating to a failed securitization of collateralized debt obligations and by successfully defending cases involving "naked short selling"
• Puma Biotechnology in a rare securities class action tried to jury verdict, defeating over 95% of claimed damages
• Adobe, American Airlines, Camping World, Carvana, Coinbase, Docusign, Ford Motor Corp., Hippo Insurance, Peloton, Pinterest, 2U, and many other issuers in high-stakes securities class action and shareholder derivative litigation
• Pharmaceutical and medical device companies, by obtaining dismissals of class actions following stock drops and in response to demands for derivative litigation
• Major investment banks in dozens of securities class actions alleging IPO-related misconduct, market manipulation, fraud, and illegal short swing profit-taking, and individuals in defense of private arbitrations and investigations pending before the SEC, FINRA, and State Attorneys General
• Lyft and its officers and directors in securities class action litigation involving alleged false statements in its IPO regarding the company’s market share, its recently acquired bicycle service, and labor and safety issues
• X (formerly Twitter) and its CEO and CFO in obtaining dismissal of securities class actions that allege misstatements regarding X’s targeted advertising
• Chipotle and its officers and directors in successful defense of securities class actions and derivative suits stemming from foodborne illnesses, earnings misses, and alleged immigration issues, and in defense of challenges to its executive compensation
• FuboTV in defense of securities class actions, contractual disputes, and litigation involving CIPA, VPPA, and other statutory common law claims
• Toptal in defeating claims of over US$200 million while obtaining a US$16 million jury verdict, following a three-week trial involving claims of breach of contract, breach of fiduciary duty, unfair competition, solicitation of employees, and defamation
• Touradji Capital in successfully retrying a breach of contract, defamation, and theft of trade secrets matter on remand, turning a prior loss by another firm of US$90 million into a US$3 million victory
• Alta Mesa Resources in securities litigation in the Southern District of Texas related to the acquisition of oil and gas companies. This matter is noteworthy given that it involves complex issues arising from a Special Purpose Acquisition Company (SPAC) transaction and the bankruptcy of a large entity. After several weeks of jury trial, the matter settled on very favorable terms.
• Tom Brady, Gisele Bündchen, Larry David, Shaquille O’Neal, Monumental Sports, Mercedes-AMG Petronas F1 Team, and others in connection with a variety of claims relating to endorsements of FTX
• R1 (formerly Accretive Health) and its officers and directors in shareholder class actions, derivative suits, and regulatory inquiries regarding earnings restatement, HIPAA, EMTALA, False Claims Act, TCPA, and FDCPA, and in litigation over a major data privacy breach
• Carvana in achieving dismissal of fraud and insider trading claims in Delaware’s Chancery and Supreme Courts arising in the wake of a decline in Carvana’s stock price between August 2021 and late 2022
• HCA in litigation arising from a criminal attack that resulted in a data breach of alleged healthcare records and personally identifiable information
• Smith Breeden in achieving a complete defense verdict (including award of attorney’s fees and full recovery on counterclaim) after an arbitration of an US$80 million damages claim alleging losses suffered by a national bank’s investment in mortgage-backed securities and credit default swaps*
• The automobile industry in a series of successful challenges, on constitutional grounds, of state statutes that required sales of electric vehicles and that regulated fuel economy*
• ConocoPhillips in dismissal of environmental nuisance claims relating to climate change*
• Hughes Aircraft and Raytheon in mass tort actions alleging environmental property damages and health claims*
• Verizon in contested state regulatory proceedings that challenged its merger with MCI, in a successful defense of False Claims Act litigation, in successful FOIA litigation (resulting in an award of attorneys’ fees) and in obtaining, on constitutional grounds, a permanent injunction against a state statute that cut and froze telephone rates*
• Toyota, General Motors, and other automobile manufacturers in defense of recall actions (including a two-month trial that ended in complete victory in the first-ever litigated emissions recall case) brought by US Environmental Protection Agency (EPA) and California’s Air Resources Board*
• Hershey in a suit against a competitor for false advertising resulting in a favorable settlement, including a public apology*
• Raytheon in defeating an effort by a competitor to participate as an alleged “joint venture” in a major defense contract for anti-tank weapon systems*
• Allied Signal (now Honeywell) in one of the only successful private litigations to enjoin a competitors’ attempted merger*
• Nationwide Insurance in obtaining a favorable opinion from FEC on solicitation of PAC money*
• General Motors in products liability suits and regulatory matters involving the C/K pickup truck*
• AOL against claims of being an “essential facility” and in various commercial disputes*
• Qwest Communications (now CenturyLink) in numerous IRS tax appeals and tax court cases that collectively involved hundreds of millions of dollars and the successful litigation through trial of a refund case*
• Security Management Corporation (then controlled by Victor Posner) in defeating claims brought by minority shareholders*
• Challengers to the 2004 Ralph Nader presidential campaign in Ohio, which resulted in his removal from the ballot due to petition fraud after a weeklong trial*
• Multiple clients in connection with antitrust issues in mergers and acquisitions, restructuring litigation, employment disputes and commercial litigation
• The NAACP, on a pro bono basis, to achieve a major victory under the Voting Rights Act after a three-week trial in federal court (and affirmance in the Second Circuit) exposed an all-white “secret slating” organization that had systematically denied electoral power to minorities, which resulted in a new court-ordered method for electing school board representatives in “single member” districts. As part of this victory, Latham won the largest attorneys’ fee award in the history of Voting Rights Act litigation, which it used to establish a permanent fund to assist students in the East Ramapo Central School District in Spring Valley, NY.
• Pro bono clients including victims of human trafficking, veterans, asylum seekers, and indigents in need of legal assistance

*Matter handled prior to joining Latham