Andrew Frackman is a partner in O’Melveny’s New York office and a member of the Antitrust and Competition and Securities Litigation Practices. Andrew is one of the Firm’s most experienced trial lawyers, having tried, as lead or co-lead counsel, 20 cases or arbitrations through the close of evidence or arbitral award. His trial experience has involved such diverse disputes as antitrust, contract/commercial, intellectual property, insurance coverage, and federal tax claims.
Andrew has handled the full range of litigation involving federal securities law claims under Sections 10(b), 11, and 12; derivative actions under Delaware law; and breach of fiduciary and related claims involving both public and closely held corporations, as well as SEC investigations. Andrew’s extensive antitrust experience includes defending some of the largest antitrust cases involving the financial services and the payment card industries on behalf of Capital One Financial, Robertson Stephens, and Banc of America Securities.
In addition to his in-court experience, Andrew has handled and won numerous arbitrations before the following, among other, arbitration tribunals: American Arbitration Association - Commercial Rules; American Arbitration Association - ICDR Rules; International Chamber of Commerce; FINRA; New York Stock Exchange; NASDAQ; and ARIAS Reinsurance Panels. Recent matters include; SAB Miller v. Dole Food Company (AAA ICDR); a FINRA arbitration for a large financial services company; NYSE and NASDAQ arbitrations for Robertson Stephens, Inc.; Vesta v. ACE Insurance (AAA); Bengoa v. Aveta, Inc. (post-closing arbitration matter before Ernst & Young). Related to the arbitrations themselves, Andrew has handled numerous actions to compel or stay arbitration, including obtaining a sanctions award of US$750,000 for our client Aveta, Inc. from the Delaware Chancery Court in connection with a motion to compel arbitration. He also worked for our client Bechtel in the matter Bechtel v. UEG Araucaria Ltd., where he obtained a permanent stay of the commenced ICC arbitration over disputes concerning power projects in South America.
He has been repeatedly identified as a leading practitioner by Chambers and others.
