WORK: (415) 955-0925
CELL: (415) 816-4122
LINKEDIN: Andrew H. Schwartz
BUSINESS BREAKUP – CORPORATE CONTROL
CIVIL RICO LITIGATION
CIVIL RIGHTS CLASS ACTIONS
COMPLEX BUSINESS LITIGATION
DERIVATIVE AND SECURITIES CLASS ACTIONS
FALSE CLAIMS ACT LITIGATION
INTELLECTUAL PROPERTY LITIGATION
PATIENTS’ RIGHTS LITIGATION
TRADE SECRET LITIGATION
CORNELL LAW SCHOOL
Juris Doctor, 1975
UNIVERSITY OF ROCHESTER
B.A., Political Science (Phi Beta Kappa)
Activities & Affiliations
BOARD MEMBER – Menorah Park
BOARD MEMBER – The Marin School
GENERAL COUNSEL – One Act Theater Company of San Francisco, 1982-1988
District of Columbia, 1976
New York, 1978
Non English Speaking Persons in the Criminal Justice System
Cornell Law Review Note, 1976
Andrew Schwartz is a former, Bank America senior counsel, responsible for its largest cases. He now practices at his own firm, Sommers & Schwartz, LLP and had a broad state and federal practice before the courts and arbitration and mediation panels.
Mr. Schwartz’s special skill is to devise strategies forcing litigation early on in a case (or at the very beginning of trial) of key issues in which his clients have strong positions. He then uses a win on such issues to end the litigation favorably for his clients and to minimize litigation costs his clients must bear. Early decisions on who owned key intellectual property, that the a client of the firm had key rights as a member of an LLC, and negating an opponent’s trade secret claims have all led to successful settlements – one of which secured a very lucrative buy-out for a founding member of a winery.
Andrew Schwartz has done extensive work in business breakup and corporate control litigation. He helped the founders of a legendary caviar production company regained control of their business in a settlement of injunction litigation brought by Sommers & Schwartz. The firm’s represented a group of financial advisors who successfully left their former employer after the firm’s defense of trade secret claims. The firm’s work for the inventor of a revolutionary helicopter filter design allowed him to regain control of his intellectual property, obtain a multi-million-dollar settlement, and reestablish his company.
Mr. Schwartz has done his share of white collar litigation, gaining a successful settlements of a False Claims Act case for a multi-state osteopathic clinic operation and for a crab wholesaler charged with civil RICO violations. Mr. Schwartz is also an expert in the fields of unlawful and unfair business practices and fiduciary exposure. When white-collar litigation has involved criminal exposure, the firm has brought on one of the group of top California criminal counsel to address both civil and criminal liability.
Mr. Schwartz has also represented tenants in a civil rights case forcing more than a million dollars in refunds and an injunction against proven, unlawful practices going forward.
At Bank of America, Andy was the managing litigator responsible for obtaining positive settlements in a series of derivative and securities cases (e.g. Bank of America Securities Litigation, Security Pacific Securities Litigation), working with a team of inside counsel, outside director counsel, special litigation committee counsel, accounting and financial experts and press relations officers. Mr. Schwartz fulfilled the same high-level management function in the Bank’s successful defense of the largest escheat and False Claims litigation in California (the largest student loan servicing default at that time), and a series of overcharge refund efforts, as well as consumer unfair and unlawful business practices cases and lender liability claims. In the mid-80s, Andy as also counsel to the Board of the Bank on corporate governance and loan loss reserve issues.
Sommers & Schwartz LLP serves as of counsel @ to Bartko, Zankel,Bunzel -- an arrangement which increases the size of complex business cases that both firms can take on, allowing Sommers & Schwartz LLP to handle large scale matters that require significant work at the associate level.