Julian L. André focuses his practice on litigation with a particular emphasis on government prosecutions, enforcement actions and investigations, internal investigations, complex civil litigation and appellate matters. He is an experienced trial attorney and former federal prosecutor.
Prior to rejoining McDermott, Julian spent six years as an Assistant US Attorney in Los Angeles. While an AUSA, Julian served in the Major Frauds Section, where he investigated and prosecuted complex financial crimes, including embezzlement, securities fraud, healthcare fraud, bank fraud, education fraud, CARES Act fraud, bankruptcy fraud, import/export crimes, tax crimes and money laundering. Julian also served as the US Attorney’s Office’s Securities Fraud Coordinator and Education Fraud Coordinator.
Before joining the US Attorney’s Office, Julian represented Firm clients in complex civil litigation in federal and state courts throughout the United States, including in intellectual property and patent cases, class actions and securities litigation matters. Julian also defended Firm clients in connection with criminal and civil investigations conducted by the Department of Justice, the Securities and Exchange Commission, the Department of Health and Human Services, and other federal and state agencies.
Julian’s trial experience includes education fraud, bribery and tax cases in the US District Court for the Central District of California, and patent infringement trials in the US District Courts for the Northern District of Texas and Middle District of Florida. Julian also has argued appeals before the US Court of Appeals for the Second and Ninth Circuits.
Prior to entering private practice, Julian served as a law clerk for the Honorable Harry Pregerson of the US Court of Appeals for the Ninth Circuit. Julian also externed for a Magistrate Judge in the US District Court for the Central District of California during law school.
Represented a smartphone manufacturer in a patent infringement trial involving wireless mobile phone technology, which resulted in a complete defense verdict in favor of the Firm’s client on both patent infringement and invalidity after just four hours of deliberations.
Represented a smartphone manufacturer in a three-week patent infringement trial against a non-practicing entity claiming ownership of the patents-in-suit, which resulted in the plaintiff dismissing the case in its entirety before closing arguments and entering into a favorable resolution with the Firm’s client.
Defended the co-founder of a NASDAQ-traded broadband communications company in criminal and civil matters relating to alleged misdated stock options; secured the dismissal of federal criminal charges and a related SEC action; and obtained a successful resolution of class action and shareholder derivative matters.
Represented a publicly traded health care provider in connection with a government False Claims Act investigation.
Represented a major pharmaceutical company in connection with a government False Claims Act investigation.
Represented one of the nation’s largest non-profit hospital networks in a civil employment dispute involving various accounting issues.
Defended a major automotive parts distributor in connection with a felony criminal complaint asserting alleged willful violations of OSHA regulation; and obtained the dismissal of all criminal charges against the Firm’s client after a five-day preliminary hearing in Los Angeles Superior Court.
Defended an Orange County real estate developer in connection with criminal and SEC enforcement actions relating to alleged insider trading.
Defended employees of international bank in connection with a Department of Justice money laundering and tax evasion investigation.
Served as lead appellate counsel before the US Supreme Court and argued before the US Court of Appeals for the Ninth Circuit in an immigration appeal involving the client’s eligibility for cancellation of removal from the United States; the Supreme Court granted the client’s writ of certiorari and vacated the Ninth Circuit’s adverse ruling, resulting in the Firm’s client being allowed to remain in the United States with his young children.
Argued before the US Court of Appeals for the Second Circuit and served as lead appellate counsel for the Art Dealers Association of America and Society of London Art Dealers appearing as amici curiae in an appeal regarding the ownership of artwork stolen during World War II; the Second Circuit adopted the clients’ legal position in its summary order affirming the district court.
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