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概述

Andy Hutchison maintains a diverse litigation practice focused on complex commercial and business matters across a wide range of subject matter areas, including general commercial, employment, class action, professional liability and intellectual property, among others. He regularly represent clients in federal and state courts at the trial and appellate levels; and resolves disputes through mediation and arbitration.

He has helped clients resolve commercial and business tort litigation involving allegations ranging from breach of contract and breach of fiduciary duty to defamation and fraud. He defends and prosecutes D&O liability claims and  leads management-side employment litigation, including lawsuits over restrictive covenants, trade secrets, wrongful termination, retaliation, discrimination, harassment, and compensation. 

In the class action arena, Andy defends consumer protection and privacy class actions, including those brought under unfair competition, false advertising, and fair labeling statutes, as well as shareholder derivative actions and environmental contamination and remediation class actions. Andy has successfully achieved early and decisive exits for clients in California courts through aggressive motions practice and denial of class certification.

Andy also maintains a comprehensive professional liability defense practice, representing manufacturers, contractors, architects, engineers, and other design professionals in litigation and corporate counselling. He takes pride in bringing a sophisticated understanding of risk management, indemnity obligations, insurance coverage, fee statutes, corporate structure, and licensing to every matter.

Additionally, Andy has experience litigating high-stakes IP cases, including claims of patent, copyright, trademark, and trade dress infringement.

Select examples of Andy’s prior practice experience includes:

  • Successfully moved to dismiss a putative class action against an airline client facing breach of contract, unjust enrichment, and a variety of other claims stemming from alleged false advertising regarding its enhanced economy class. In dismissing the complaint, which carried potential exposure of millions of dollars, the court accepted arguments that the claims were time-barred and/or preempted. Successfully sought an order staying discovery in the case before moving to dismiss.
  • Defeated a motion for class certification in a putative class action filed in California state court against a major food manufacturer alleging that the packaging for a specific type of dog treat misrepresented that the product was “wholesome.” The plaintiffs sought approximately $8.4 million on behalf of the putative class, plus punitive damages and attorneys' fees under California's consumer protection statutes. Class certification was defeated, and plaintiffs agreed to drop all claims.
  • Represented a national manufacturer in a multi-million dollar construction defect and products liability matter. The case settled after five weeks of trial. 
  • Obtained dismissal of defamation and intentional infliction of emotional distress claims filed by a public adjuster against a third-party administrator/investigation company and one of its employees. The lawsuit stemmed from a comment the employee allegedly made to a fire department arson investigator and then published in an email, which the plaintiff interpreted as suggesting that he had set the fire. Secured dismissal of the action through an anti-SLAPP motion, successfully arguing that that statement at issue was made in connection with a law enforcement investigation, and therefore privileged, and that the plaintiff did not meet his burden of showing a likelihood of success on the merits.
  • Successfully defended an insurance brokerage firm in professional liability lawsuit related to Superstorm Sandy. Plaintiffs were owners of over 100 medical imaging centers seeking to recover uninsured business interruption losses sustained in five states. The case settled shortly before trial after establishing through depositions and pre-trial motions that plaintiffs’ theory of liability was illogical and their claims for damages were highly speculative.
  • Successfully defended a staffing agency that coordinates in-store demonstration events at major box stores in patent infringement action filed by major competitor. The case was dismissed after it was demonstrated that no infringement occurred, the validity of the patents at issue was challenged, and a breach of contract counterclaim against the competitor related to the competitor’s failure to pay our client for its services on a joint national marketing program was pursued.
  • Successfully defended professionals in lawsuit alleging misappropriation of trade secrets and violation of restrictive covenant prohibiting solicitation of clients. The case settled after obtaining a favorable ruling on a motion challenging the enforceability of these claims.
  • Obtained summary judgment for a large design-build firm sued for negligence and fraudulent concealment after coal mine subsidence occurred under the project site several years after completion of construction and caused millions of dollars in property damage. Successfully defended summary judgment on appeal.
  • Successfully defended a large engineering firm in wrongful death lawsuit arising from a fiber optic cable installation project. The case settled shortly before trial after undertaking an aggressive discovery to discover the cause of the incident and successfully raising and pursuing complex contractual indemnity issues between the defendants.
  • Obtained summary judgment for a large engineering firm in two related wrongful death lawsuits in which plaintiffs alleged that the client negligently designed the interstate and toll plaza area where the accident occurred.  After successfully defending summary judgment on appeal in one lawsuit, the other lawsuit settled while on appeal.
  • Successfully defended a large engineering and construction management firm in multiple wrongful death lawsuits arising from separate accidents that occurred during a large highway and bridge deck reconstruction project.  Both lawsuits settled before trial.
  • Obtained summary judgment for a design consultant in lawsuit filed by an employee of building owner who sustained injuries while working on the construction site. Successfully defended summary judgment on appeal.

教育背景

  • University of Iowa College of Law, 法学博士, with honors
  • Harvard University, 文学学士, cum laude

所属法院

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • 美国伊利诺伊州北部地区地方法院
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Southern District of Illinois

执业资格

  • 加利福尼亚州
  • Arizona
  • 伊利诺伊州

联系

  • Member, American Bar Association
  • Member, San Francisco Bar Association