Andrew Kratenstein is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s New York office.
Andrew’s diverse litigation practice focuses on complex securities-related and commercial disputes. Representative matters include:
- Prosecution of claims by a financial institution seeking recovery on derivatives contracts in two separate cases and obtained pre-discovery summary judgment in both cases.
- Defense of real estate investment trust and individuals against securities laws claims. Obtained summary judgment.
- Prosecution of claims by the Federal Deposit Insurance Corporation as receiver of a bank against the bank’s parent company.
- Prosecution of claims by a national bank seeking to invalidate a New York State agency’s action as preempted under the Supremacy Clause of the United States Constitution.
- Defense of beer suppliers/importers against claims of wrongful termination by distributors.
- Representation of an international auditing firm in an investigation by U.S. and foreign authorities concerning alleged foreign corrupt practices by the audit client.
- Defense of a financial institution in all bankruptcy and securities litigation related to a bankrupt major energy company, which included securing reversal of securities class action certification and obtaining summary judgment.
- Defense of a prime broker against claims that the broker had wrongfully caused a hedge fund to liquidate its portfolio. Obtained summary judgment.
- Defense of acquiring companies in actions brought by target companies seeking to enjoin tender offers under the Williams Act. Defeated preliminary injunction applications and obtained dismissals.
- Defense of a major technology company against patent infringement claims.
- Prosecution of First Amendment claims by a prominent law school faculty against the United States Department of Defense.
Andrew is also active in the Firm’s pro bono program. Among other matters, he has handled appeals of abused, neglected or abandoned immigrant children who have been denied the ability to apply for Special Immigrant Juvenile Status. See Matter of Emma M., 902 N.Y.S.2d 651 (2d Dep't 2010); Matter of Antowa McD., 50 A.D.3d 507 (1st Dep’t 2008).
Andrew serves as faculty member for the Practicing Law Institute’s annual symposium on Best Practices for Complex Cases. He has also authored or co-authored the following publications:
- The Rise of the Summary Jury Trial, New York Law Journal (July 18, 2011) (co-author)
- A Winning Strategy for Beating IPO Class Actions,Law360 (Apr. 4, 2011) (co-author)
- Defending Auditors at the Pleading Stage, 5 BNA Tax and Accounting, Accounting Policy & Practice Report 753 (Aug. 21, 2009) (co-author)
- Controlling Opt Outs and Coordinated Cases: Slusa, The All Writs Act, and CAFA, Managing Complex Litigation 2008: Legal Strategies and Best Practices in “High Stakes” Cases, 786 PLI/Lit 155 (Nov. 11, 2008)
- Creative Tools for Streamlining the Process,Managing Complex Litigation: Legal Strategies and Best Practices in “High Stakes” Cases, 751 PLI/Lit 61 (Nov. 2006) (co-author)
- Recent Legislation: Campaign Finance Reform, 36 Harv. J. on Legis. 219 (1999)
Before beginning his practice, Andrew served as a law clerk for the Honorable Richard W. Roberts of the United States District Court for the District of Columbia.
During law school, Andrew served as an editor for the Harvard Journal on Legislation.
Andrew is admitted to practice in New York and before the United States Courts of Appeals for the Second and Eleventh Circuits, the Southern District of New York and the Eastern District of New York. He is also a member of the New York City Bar Association.