Andrew Clubok is Global Co-Chair of Latham & Watkins’ Securities Litigation & Professional Liability Practice. Based in the firm’s Washington, D.C. and New York offices, he is a premier, go-to trial lawyer for complex, bet-the-company disputes.
Mr. Clubok has diverse experience in trial, appellate, and administrative litigation across a wide range of substantive areas including securities law, tax litigation, environmental litigation, telecommunications, restructuring, and commercial litigation.
Mr. Clubok is a go-to trial lawyer for some of the world’s biggest brands and has obtained complete defense verdicts and/or dismissals of dozens of securities class actions, shareholder derivative lawsuits, and arbitrations, including those involving IPO-related alleged misconduct, mortgage-backed securities, “short swing profits,” “naked short selling,” and federal preemption. He has tried numerous complex commercial and regulatory matters on behalf of automotive manufacturers, telecommunications providers, defense contractors, Internet companies, and major financial institutions.
Mr. Clubok also regularly counsels clients on a wide range of matters, including Sarbanes-Oxley, antitrust, TCPA, FDCPA, federal election law, and regulatory compliance.
Mr. Clubok served as a law clerk for Judge Frank J. Battisti of the United States District Court for the Northern District of Ohio. He is a current Trustee and former Board Member for the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.
Mr. Clubok has represented:
- The world’s biggest social media company and its officers and directors in defense of securities class actions and shareholder derivative lawsuits following one of the largest initial public offerings in history and in defense of claims brought under the Telephone Consumer Protection Act (TCPA)*
- A major global bank in a lawsuit against a hedge fund seeking more than US$700 million for a fraud and breach of contract claim relating to collateralized debt obligations*
- A healthcare consulting company and its officers and directors in shareholder class actions, derivative suits, and regulatory inquiries regarding earnings restatement, HIPAA, EMTALA, False Claims Act, and FDCPA*
- A major restaurant chain and its officers and directors in securities class actions and derivative suits stemming from alleged immigration issues, foodborne illnesses, earnings-related matters, and executive compensation*
- Pharmaceutical companies and their officers and directors by obtaining dismissal of class action following stock drop and in response to demand for a derivative suit related to alleged insider trading by third parties*
- Nine investment banks as “liaison counsel” achieving dismissal of 54 derivative actions alleging illegal short swing profit-taking (case also led to Supreme Court striking down longstanding 9th Circuit precedent that allowed unlimited tolling for §16(b) claims)*
- An investment bank in a series of nationwide cases alleging market manipulation and antitrust claims involving “naked short selling” resulting in a number of dismissals and favorable settlements*
- An investment advisor achieving a complete defense verdict (including award of attorney’s fees and full recovery on counterclaim) after an arbitration of a US$80 million damages claim alleging losses suffered by national bank’s investment in mortgage-backed securities and credit default swaps*
- Underwriters and issuers in dozens of securities class actions alleging market manipulation, fraud claims, and IPO-related misconduct*
- Investment banks, investment advisors, and individuals in defense of private arbitrations and investigations pending before the SEC, FINRA, and State AG’s
- 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*
- Various companies in numerous IRS tax appeals and tax court cases that collectively involved hundreds of millions of dollars and the successful litigation of a refund case*
- A major oil company in dismissal of environmental nuisance claims relating to climate change*
- Defense contractors in mass tort actions alleging environmental property damages and health claims*
- A leading telecommunications provider obtaining permanent injunction on constitutional grounds against a state statute that cut and froze telephone rates*
- 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*
- A large closely held corporation defeating claims brought by minority shareholders*
- High-tech companies in various commercial disputes, including those involving alleged theft of trade secrets, solicitation of employees, Internet sales contracts, and fiber-optic cables*
- A major food manufacturer in a suit against a competitor for false advertising resulting in a favorable settlement, including a public apology*
- A defense contractor defeating an effort by a competitor to block a major contract for anti-tank weapon systems*
- Challengers to an independent presidential candidate in Ohio, which resulted in his removal from ballot due to petition fraud*
- An insurance company obtaining a favorable opinion from FEC on solicitation of PAC money*
- An automobile manufacturer in products liability cases*
- Multiple clients in connection with antitrust issues in mergers and acquisitions*
- Pro bono clients including victims of human trafficking, veterans, and indigents in need of legal assistance*
*Matter handled prior to joining Latham