Andrew D. Bergman | People | Arnold & Porter

Andrew Bergman is a Senior Associate in the firm’s Complex Litigation group with a focus on complex and commercial litigation up to trial and appeal. Andrew represents clients spanning consumer products, financial services, transportation, healthcare, and energy in consumer class actions, financial fraud, breach of contract, toxic torts, antitrust suits, and misappropriation of trade secrets. Andrew maintains an active pro bono practice and has litigated cases to a successful resolution involving voting rights and civil rights.

Andrew has significant experience in appellate litigation and is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. He has represented clients in appeals in both state and federal court, including having presented oral arguments in the U.S. Court of Appeals for the Second, Eighth, and Tenth Circuits.

Before joining the firm, Andrew graduated from Tulane University Law School, where he served as a managing editor of the Tulane Law Review. During law school, he interned with Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana and Justice Jefferson D. Hughes III of the Louisiana Supreme Court.

Focus Areas

Experience

Financial Services Firm as plaintiff in litigation in Tarrant County District Court brought to enforce a judgment against the judgment debtor entities’ principal under alter ego and other theories. Obtained a settlement for the full judgment amount of almost $1.2 million.
Texas-based CDFI in defense of a putative class action in the U.S. District Court for the Northern District of Texas relating to Paycheck Protection Program lending. Obtained a ruling denying class certification followed by below-cost settlements of the named plaintiffs.
Korea-based mattress manufacturer in defense of two putative class actions involving products liability and other claims in the U.S. District Courts for the Southern District of Illinois and Eastern District of California.
Texas-based CDFI in defense of a $10 million breach of contract claim in Texas state court in Tarrant County. Secured a complete voluntary dismissal by the plaintiff based on a statute of limitations defense.
Midstream energy company in a complex, multi-million-dollar supply contract dispute.

Texas-based CDFI in a putative class action brought by plaintiffs in the U.S. District Court for the Eastern District of Arkansas arising from the client’s Paycheck Protection Program lending program. Obtained a dismissal for lack of personal jurisdiction and a denial of jurisdictional discovery.
U.S. subsidiary of European airframe manufacturer in litigation brought by two individual plaintiffs in Massachusetts Superior Court claiming negligence, breach of warranty, and other claims arising out of alleged “toxic fume events” on commercial airline flights. The trial court dismissed all of the plaintiffs’ claims for lack of personal jurisdiction.
An international vacation cruise operator and one of its executives in litigation brought by an individual plaintiff in the U.S. District Court for the Northern District of Texas alleging misappropriation of trade secrets and other claims arising from the client's promotional television series. The case resulted in a complete dismissal of the plaintiff's claims, which was affirmed on appeal.
Houston-based multinational EPCI company in litigation brought by a competitor for misappropriation of trade secrets in Texas state court. Took a leading role in drafting pretrial motions and in preparing the client's central witness to testify at trial.
British oil and gas company in connection with business and individual claims arising from an oil spill class settlement. Briefed several claims for economic, subsistence fishing, and property damages before a court-supervised arbitration panel and the U.S. District Court for the Eastern District of Louisiana.
European airframe manufacturer in connection with personal injury claims filed in Illinois state court arising out of an in-flight incident on an Australian airline while flying over the Indian Ocean. Briefed a successful summary judgment motion resulting in the dismissal of several plaintiffs who signed releases enforceable under foreign law.
Pharmaceutical manufacturer in litigation regarding FDA-approved prescription opioid medications.

Texas-based energy technology company in successful defense of an appeal to the Texas Ninth Court of Appeals arising from a dispute over distribution of funds placed in escrow as part of an asset sales transaction. Obtained a complete affirmance of the verdict in the client’s favor.
Financial services firm in a successful appeal to the Texas Second Court of Appeals challenging the trial court's award of attorney's fees issued to the client as the prevailing party on a motion to dismiss under Texas Rule of Civil Procedure 91a. The appellate court held that the amount of fees awarded was inadequate to compensate the client and required that the trial court redetermine the award.
Texas-based energy technology company in successful defense of a petition for writ of mandamus in the Texas Ninth Court of Appeals which sought to enforce a contractual jury waiver provision in a commercial sales dispute.
Financial services firm in opposition to a petition for review in the Texas Supreme Court. The Texas Supreme Court denied review, leaving in place an appellate decision affirming the dismissal under Texas Rule 91a of claims for fraud, breach of fiduciary duty, and aiding and abetting arising from the client's underwriting of bonds to finance a construction project.
An international vacation cruise operator and one of its executives in a successful defense of an appeal to the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit affirmed the lower court's complete dismissal of a complaint alleging that the client's promotional television series misappropriated the plaintiff's trade secrets.

British oil and gas company in an appeal of a denied class settlement payment before the U.S. Court of Appeals for the Fifth Circuit regarding application of the settlement's causation framework to a seafood retailer. Obtained a decision affirming the complete denial of an approximately $1 million award and denying the claimant's request for an additional $1 million in compensation.
British oil and gas company in an appeal of a denied class settlement payment to a cattle farm before the U.S. Court of Appeals for the Fifth Circuit regarding the proper accounting and tax treatment of its cattle stock. Obtained a decision affirming the complete denial of an approximately $450,000 award.
British oil and gas company in an appeal of a denied settlement payment before the U.S. Court of Appeals for the Fifth Circuit regarding application of the settlement's causation framework to a road and bridge construction company. Obtained a decision upholding the complete denial of an approximately US$2 million award.
British oil and gas company in an appeal of a denied class settlement payment to a subsistence fisherman before the U.S. Court of Appeals for the Fifth Circuit. Obtained a decision upholding the complete denial of the award and finding that the claimant had submitted material misrepresentations in connection with the claim.

A U.S. lawful permanent resident in a successful petition for review in the U.S. Court of Appeals for the Second Circuit challenging an immigration removal order based on the immigration court’s failure to properly address mental competency issues. Obtained a published decision establishing a framework for evaluating mental competency and safeguarding the rights of the mentally handicapped in removal proceedings—the first ever decision to do so at the federal appellate level.
Former U.S. Bureau of Prisons administrative employees in successful defense of two interlocutory appeals in the U.S. Court of Appeals for the Tenth Circuit arising from the clients’ tort claims against several BOP co-workers. Secured favorable rulings regarding the scope of federal appellate jurisdiction and scope-of-employment certification under the Westfall Act.
A homeowner in a successful defense of a petition for review in the Texas Supreme Court in which the petitioners, the sellers of the home, had attempted to reinstate an overturned summary judgment ruling dismissing the client’s Texas Deceptive Trade Practices (DTPA) and other claims arising from concealed defects in the property. The case settled shortly after the petition was denied.
Father in a restricted appeal brought by the Texas Attorney General in the Texas Thirteenth Court of Appeals seeking to collect child- and medical-support arrearage and reversal of the trial court’s entry of a mediated settlement under which the client became the children’s primary care giver. The Court of Appeals dismissed the appeal for lack of jurisdiction, after which the Attorney General’s Office ceased collection efforts.
Plaintiffs in constitutional and statutory challenges to Florida's 2020 vote-by-mail policies before the U.S. District Court for the Northern District of Florida. The case settled on the eve of trial and the State agreed to implement several voter information and outreach programs to facilitate mail-in voting.

Plaintiffs in a successful gerrymandering challenge to Pennsylvania's 2011 congressional district map before the Pennsylvania Commonwealth and Supreme Courts.
Plaintiff in a Title VII employment discrimination case before the U.S. District Court for the Southern District of Texas.