Andrew Todres is a dynamic commercial litigator who steers leading financial firms, public and private companies, and other sophisticated clients through their most sensitive business issues. Andrew has significant experience handling a broad range of matters, including contract and joint venture disputes, business tort claims, securities class actions, deal-related lawsuits, and enforcement proceedings. He represents both corporate and individual clients in federal and state courts across the country at both the trial and appellate levels, as well as in arbitration. He also regularly represents and counsels real estate investors, lenders, and owners in contentious matters arising out of real estate transactions.
Clients regard Andrew as a tireless advocate who is easy to work with and solutions-oriented. He advises on all phases of litigation, including strategies for avoiding disputes before they arise.
Andrew also maintains an active pro bono practice and has served as pro bono counsel in multiple high-profile cases involving disputed issues of constitutional law.
Experience
- Represented Sculptor Capital in defeating motion for a temporary restraining order brought in New York state court seeking to block the sale of Sculptor to Rithm Capital.
- Represented real estate lender in lawsuit brought in New York state court by former developers of a luxury condominium project in downtown Manhattan, who alleged that lender improperly acquired developers’ equity interest through a mezzanine foreclosure. Lawsuit was dismissed prior to substantial document discovery, and dismissal was affirmed on appeal. See 87 Mezz Member LLC v. German Am. Capital Corp., 162 A.D.3d 524, 81 N.Y.S.3d 1 (1st Dep’t 2018).
- Represented private investment company in lawsuit brought in New York State court arising out of a transaction relating to Lehman bankruptcy claims. Lawsuit was dismissed prior to substantial document discovery.
- Representing financial institution in international arbitration concerning dispute with majority owner of Latin American telecommunications company.
- Represented TPG Capital, L.P. in shareholder litigation in federal court arising out of the take-private acquisition of Life Time Fitness, Inc. Claims against TPG were dismissed prior to discovery.
- Defeated motion for a temporary restraining order brought in Delaware Court of Chancery seeking to block client’s purchase of interests in a luxury hotel and villa development project on the French island of Saint Barthelemy. Following sale, obtained stay of lawsuit in favor of an earlier-filed foreign proceeding under Delaware’s McWane doctrine, after briefing and oral argument.
- Represented leading international and domestic medical education institutions in connection with a breach of contract lawsuit filed in New York state court relating to the operation of a transnational medical education program. Core claims in lawsuit were dismissed prior to document discovery, and dismissal was affirmed on appeal. Int'l Pathways Inc. v. Univ. of Queensland, et al., 193 A.D.3d 459, 460, 141 N.Y.S.3d 709 (2021).
- Represented owners of real estate investment firm in connection with a partnership dispute filed in New York state court related to the LEGOLAND theme park and resort in Goshen, New York.
- Represented biopharmaceutical company in arbitration before the American Arbitration Association in connection with claims relating to the unauthorized disclosure of confidential information.
- Represented financial services firm in connection with breach of contract action filed in federal court in the Southern District of New York, alleging that the firm breached a sale and purchase agreement by intentionally undermining the performance of certain exchange-traded funds (ETFs), thereby reducing the potential performance-based earn out payments under the agreement.
- Representing several private equity funds and their portfolio companies in a variety of matters, including transactional litigation and enforcement actions.
- Represented investment bank in connection with various regulatory and government investigations.
- Represented private equity firm in cross-border litigation concerning a foreign transaction.
- Represented financial institution in landmark, multibillion-dollar civil forfeiture action.
- Wollschlaeger v. Governor of Florida: Part of appellate litigation team that successfully represented national medical organizations and Florida physicians before the 11th Circuit, sitting en banc, in widely followed First Amendment challenge to Florida law that prevented doctors from speaking freely with patients about gun safety. See 848 F.3d 1293 (11th Cir. 2017).
- Texas v. United States: Part of litigation team involved in defending the legality of the Deferred Action for Childhood Arrivals (DACA) program.