Overview

Andrew Pincus focuses his appellate practice on briefing and arguing cases in the Supreme Court of the United States and in federal and state appellate courts; developing legal strategy for trial courts; and presenting policy and legal arguments to Congress, state legislatures, and regulatory agencies.

Andy has argued 29 cases in the Supreme Court, including two cases in the October 2018 Term as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy's victory in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), as the most important Supreme Court class action decision of the last 15 years.  Andy was named a 2016 "Appellate MVP" by Law360; was recognized in 2015 as a Litigation Trailblazer by The National Law Journal; and was profiled as a member of Law360's 2014 Appellate A-List.

Chambers USA (2019) ranks Andy in Band 1 for nationwide appellate lawyers, stating that Andy is regarded as “‘one of the finest appellate partners in the United States’” and "a master of oral argument, a superb strategist and a super writer.’” Andy is a “‘leading light of the appellate Bar, making frequent appearances in high-stakes and high-profile Supreme Court arguments’” and “‘is without a doubt one of the most stellar advocates in the country—at the Supreme Court, in the lower courts, in the non-court advocacy space and in counseling behind closed doors" (Chambers USA 2017). "'Andy is one of the most brilliant lawyers I have worked with, enthuses one client. He has a wonderful demeanor and is really highly regarded'" (Chambers USA 2017).

A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year. Andy's Supreme Court oral arguments are available here. A selection of his more than 250 appellate briefs is available here.

Andy's practice also includes detailed written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues. He frequently testifies before Congress on a variety of subjects, including patent reform, the Consumer Financial Protection Bureau, reform of the federal litigation system, and the Supreme Court's decisions in cases involving business law issues. Andy successfully represented clients in connection with passage of the Private Securities Litigation Reform Act.

Legal 500 places Andy in its Hall of Fame—which "highlights individuals who have received constant praise by their clients for continued excellence"—for his Supreme Court and appellate expertise, labeling him an "outstanding strategist." Benchmark Litigation (2017) names Andy as a National Litigation Star. According to Legal 500 (2014), Andy has a "superb reputation" and "is 'one of the best Supreme Court advocates in the country' and a 'brilliant strategist'" (2013). Andy’s work in Concepcion and successful defense of Chicago Mayor Rahm Emanuel's right to run for office were cited by the American Lawyer in its article naming Mayer Brown as one of the top six US litigation firms in the 2012 Litigation Department of the Year report. Andy's appellate experience has also won him recognition in The Best Lawyers in America (2006-2018).

Reporters often turn to Andy for commentary on Supreme Court cases. He also frequently speaks and writes on legal issues for academic, professional, and general audiences.

While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning intellectual property protection, privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.

Before rejoining Mayer Brown, Andy served as General Counsel of Andersen Worldwide S.C. Following law school graduation, Andy was Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982), after which he practiced with another major law firm in Washington.

Andy is a contributor to Class Defense, the firm's blog on key issues affecting class action law and policy.

Spoken Languages

  • English
Highlights
A Rising Threat: The New Class Action Racket That Harms Investors and the Economy

Education

Columbia Law School, JD, James Kent Scholar; Harlan Fiske Stone Scholar, Notes & Comments Editor, Columbia Law Review

Yale University, BA, cum laude

Admissions

  • New York
  • District of Columbia

Court

  • US Supreme Court
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the First Circuit
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US Court of Appeals for the Federal Circuit

Memberships

  • Andy served as a member of the Advisory Commission on Electronic Commerce established by the Internet Tax Freedom Act, 1999-2000