Partner

Andrew J. Pincus

Professional Liability, Trademark Litigation, Litigation & Dispute Resolution

Overview

Clients rely on Andrew Pincus for:

  • Briefing and arguing cases in the U.S. Supreme Court and federal and state appellate courts
  • Developing and executing legal strategy in trial courts
  • Presenting policy and legal arguments to Congress, state legislatures, and regulatory agencies

Andy has argued 30 cases in the Supreme Court and dozens of cases in the federal courts of appeals and state appellate courts.

Chief Justice John G. Roberts, Jr. appointed Andy to a three-year term as one of four practitioner members of the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States , effective October 1, 2022. The Committee drafts and recommends to the Judicial Conference new rules of practice, procedure, and evidence governing appellate, bankruptcy, civil, and criminal cases in the federal courts.

Experience

  • Multiple victories protecting enforceability of consumer and employment arbitration agreements, including AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) – described by Law360 as most important Supreme Court class action decision of the last 15 years; Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (2019); Kindred Nursing Centers Ltd. V. Clark, 581 U.S. 246 (2017); Chamber of Commerce v. Bonta, 62 F. 4th 473 (9th Cir. 2023)
  • Landmark win holding that Article III standing bars no-injury class actions in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016)
  • Defeating Anti-Terrorism Act claims in numerous cases, including Freeman v. HSBC Holdings plc, 57 F.4th 66 (2d Cir. 2023), and Bernhardt v. Islamic Republic of Iran, 47 F.4th 856, 873 (D.C. Cir. 2022)

Recognition

  • Band 1 for nationwide appellate lawyers – Chambers USA
  • “‘An amazing advocate with full command of the courtroom and panels, but at the same time he is approachable and easy to work with.’” “‘He is one of the smartest people I have ever met. From a client perspective you get 100% of him.’” “‘An excellent advocate who is particularly good at pulling together coalitions and entire appellate presentations before the Court. He’s not just thinking about the principal brief, but also the overall presentation and making it well rounded.’” “‘He’s very focused on his client’s objectives and very thoughtful about how to pursue litigation in a way that’s consistent with them.’” – Chambers USA
  • “’One of the finest appellate partners in the United States’” and "”a master of oral argument, a superb strategist and a super writer.”” "‘[A] phenomenal strategist. He knows how to position a case and wind it up for the best chance of success.’"– Chambers USA

Education

  • Yale University, BA, cum laude
  • Columbia Law School, JD
    Notes & Comments Editor, Columbia Law Review, James Kent Scholar; Harlan Fiske Stone Scholar

Admissions

  • New York
  • District of Columbia

Courts

  • 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

Languages

  • English

Professional & Community Involvement

  • Andy serves as one of four practitioner members of the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. Chief Justice John G. Roberts, Jr. appointed Andy to a three-year term effective October 1, 2022.
  • Andy served as a member of the Advisory Commission on Electronic Commerce established by the Internet Tax Freedom Act, 1999-2000
Share