Andrew L. Black
Biography
Overview
Andrew Black is a litigator in White & Case's Global Competition and Commercial Litigation practice groups based in Washington, DC.
Andrew represents multinational technology companies in high-stakes, complex litigation in courts throughout the world. He has represented US-based Fortune 100 clients in the United States, Australia, Austria, Belgium, Italy, Korea, Nigeria, Portugal, Spain, and The Netherlands. His domestic and international practice focuses on defending clients in questions of first impression and other cutting-edge issues concerning antitrust, consumer protection, data protection, privacy, trade, and unfair commercial practices. He regularly defends clients in class actions, government enforcement actions and investigations, as well as counsels clients in competition and regulatory compliance. He also serves as a member of the Firm's Global Technology Industry Group.
Andrew leads innovative, collaborative, and diverse teams to solve his client's toughest legal, business, and public relations challenges. He has successfully represented domestic and international clients in numerous trials, arbitrations, and mediations against private parties, government regulators, federal prosecutors, -and state attorneys general.
In addition to his client practice, Andrew has done extensive work on behalf of the Firm's pro bono clients, in cases involving access to justice, veterans benefits, asylum, and criminal appeals. Andrew's notable pro bono wins include obtaining $113,000 in disability benefits for a Vietnam veteran, obtaining a prison transfer for a long-term solitary confinement inmate suffering from mental illness, and obtaining asylum and permanent residence in the US for a Salvadoran woman suffering persecution by local gangs.
Prior to joining White & Case, Andrew clerked for the Honorable Rhesa Hawkins Barksdale of the United States Court of Appeals for the Fifth Circuit.
Experience
Representative cases include the following:
Serving as a member of a team that handles all international litigation for Meta, including matters implicating international data protection, privacy, hosting provider liability, censorship, intellectual property and consumer protection laws.
Successful defense of Toshiba in civil cases involving allegations of price fixing of LCD panels. After a six-week trial during the summer of 2013 where the Plaintiff alleged damages of over $2 billion, the jury unanimously found no liability against Toshiba. Andrew was a critical member of the trial team; he prepared several lay and expert witnesses for trial testimony, was a lead drafter on several key briefs, including motions for judgment as a matter of law, and second chaired expert witness cross-examination.
Successful representation of CertainTeed Gypsum in the Domestic Drywall Antitrust Litigation, winning summary judgment and complete dismissal of antitrust claims by class plaintiffs and opt-out plaintiffs alleging billions in price-fixing. Andrew played a key role in securing summary judgment; he was a core drafter of the motion for summary judgment, aggressively developed the factual record by interviewing over fifty corporate employees and customers, and obtained numerous declarations cited by the court as key evidence supporting summary judgment.
Counsel for US subsidiary of Asian shipping company in successfully obtaining closure of criminal grand jury investigation by Department of Justice Antitrust Division. Andrew led internal fact finding and witness interviews, oversaw discovery, and regularly liaised with lead attorneys at the Department of Justice Antitrust Division.
Counsel for international building materials manufacturer in successfully obtaining closure of criminal grand jury investigations by Department of Justice Antitrust Division.
Successful defense of Toshiba at the class certification stage in civil cases alleging price fixing of lithium ion batteries, resulting in the denial of class certification for all proposed class members.
Represented Toshiba in multidistrict litigation in the United States in connection with allegations of price fixing in the cathode ray tube industry.
"Antitrust in the Digital Economy", Antitrust in the Global Economy, Virginia Journal of International Law Symposium, March 4, 2020
"Future of Tech Mergers: The Potential Impact of the 2020 Vertical Merger Guidelines" Icarus, Media and Technology Committee, ABA Section of Antitrust Law (Summer 2020).
