Andrew J. Holmer

Representative Business Litigation and Trade Secrets Matters

• Defending a leading aerospace company in an ongoing breach of contract and trade secrets case brought by a former supplier of aircraft avionics systems alleging damages in excess of $100 million.
• Represented a major research university as a plaintiff in a contract dispute valued at more than $100 million with a large pharmaceutical company over amounts owed to the university under a patent license agreement. After a week of jury selection, the case was resolved favorably for the client on the eve of opening statements.

Representative Class Action Matters

• Defending one of the nation’s largest health insurers in an ERISA class action regarding the company’s process for determining issues of behavioral health coverage and medical necessity. After successfully defeating the plaintiffs’ nine-figure disgorgement claims at summary judgment, the case proceeded to a three-week class action bench trial. The matter is currently in post-trial briefing.
• Defending a major managed care company in two related ERISA class action lawsuits regarding the company’s practice for determining behavioral health coverage for “wilderness therapy.”
• Defending a leading auto maker in a national consumer class action lawsuit asserting civil RICO, breach of warranty, unfair competition, and fraud claims brought under federal law and the law of a dozen states relating to allegations of engine valve guide wear.
• Representing a Big Three auto manufacturer in a consumer class action asserting claims under California consumer protection and unfair competition statutes relating to a vacuum pump braking system.

Representative Appellate Matters

• Represented The Regents of the University of California and a UC professor in the California Court of Appeal, defending a $32 million judgment on a successful counterclaim and defeating the plaintiff’s claims of fraud and breach of contract valued at nearly $1 billion. The appeal was resolved in The Regents’ favor, affirming the trial court’s judgment in full. Andy’s representation included successfully opposing the plaintiff’s petition for review in the California Supreme Court.
• Represented a major drone manufacturer in the California Court of Appeal on appeal from a multi-million dollar jury verdict. The appeal was resolved in a favorable settlement after a successful mediation.

Representative Non-Party Discovery Matters

• Representing a major California health plan as a non-party in responding to multiple document and deposition subpoenas in two related antitrust class action lawsuits against a large California hospital system. Andy successfully negotiated to avoid over 10 depositions and to substantially reduce the client’s document collection and production.
• Representing a managed care client as a non-party in responding to subpoenas issued in a qui tam action in California state court alleging overbilling for hospital services by one of the client’s network providers.
• Representing a client as a non-target in responding to multiple confidential civil investigative demands from the Federal Trade commission in ongoing antitrust conduct and merger investigations.