Andrew G. Fiorella

Andrew G. Fiorella

Co-Chair, Financial Institutions and Securities Litigation Practice Group; Chair, eDiscovery Practice Group

Cleveland

T 216.363.4453

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Overview

Andrew represents and counsels some of the largest businesses and financial institutions in the country in complex commercial disputes—including claims arising from contract, business torts, class actions, securities fraud, business combinations, shareholder disputes, the Fair Credit Reporting Act, software implementation and intellectual property disputes, including trade secrets and non-competition agreements.

Andrew’s experience includes appearances in federal and state courts throughout the country, as well as in all types of ADR proceedings.  Highlights of his experience includes representing a significant public company and its senior officers in securities and derivative cases, and financial services institutions in commercial disputes, securities cases, and merger challenges.  He has been recognized as a Rising Star by Ohio Super Lawyers.

In addition to his complex commercial dispute resolution experience, Andrew is Chair of the Firm’s eDiscovery Group.  Andrew’s ediscovery practice focuses on providing practical advice, strategic guidance, and predicable costs in the collection, retention, review, and production of documents and things in connection with litigation, subpoena responses, and ADR proceedings.  Andrew also provides pre-dispute counseling regarding document-retention policies and ediscovery planning.

What I Do

Consumer Protection & Class Actions
FINTECH & Payments
Intellectual Property
Intellectual Property Litigation
IP & IT Mediation Services
Litigation
Mergers & Acquisitions Litigation
Securities & Commodities Litigation & Investigations
White Collar, Government Investigations & Regulatory Compliance

Experience

Represented a multinational company in an ERP software licensing dispute.

Key Contacts: Andrew G. Fiorella

Obtained a favorable settlement for a healthcare company in a complex software implementation dispute.

Key Contacts: Andrew G. Fiorella

Defeated class certification and prevailed on Daubert arguments dismissing the opinions of class plaintiffs’ damages and consumer survey experts, successfully arguing on behalf of telehealth company that plaintiffs’ claims involved too many individualized questions regarding injury and damages, rendering class treatment inappropriate.

Key Contacts: James R. BedellAndrew G. FiorellaDavid A. RammeltMichael B. Silverstein

Obtained a favorable defense resolution of a putative wage and hour collective action for a major manufacturer.

Key Contacts: Andrew G. Fiorella

Led special litigation committee’s investigation of a bank holding company’s shareholder’s breach of fiduciary duty allegations arising from a capital transaction.

Key Contacts: Andrew G. Fiorella

Assisted with drafting a successful motion to dismiss a breach of fiduciary duty and fraud action asserted against a financial services client in FINRA arbitration.

Key Contacts: Andrew G. FiorellaJames J. Walsh

Obtained defense summary judgment in a putative shareholder class action challenging the method of payment of $10 billion in merger consideration.

Key Contacts: Andrew G. Fiorella

Obtained favorable summary judgment precluding a claim for $15 million in lost profit damages in a joint venture agreement.

Key Contacts: Andrew G. Fiorella

Obtained dismissal of securities fraud allegations arising from a billion-dollar stock drop.

Key Contacts: Andrew G. Fiorella

Defended a medical device manufacturer from claims of infringement of five U.S. Patents.

Key Contacts: Andrew G. Fiorella

Successfully opposed the transfer of a case to the United States Judicial Panel on Multidistrict Litigation in a products liability class action.

Key Contacts: Andrew G. Fiorella

Pro bono representation of a disabled senior citizen who sought to vacate a default judgment entered against him, including a successful oral argument before the Court of Appeals Of Ohio, Eighth Appellate District.

Key Contacts: Andrew G. Fiorella

Consulted with a national financial institution regarding its ediscovery practices and litigation response.

Key Contacts: Andrew G. Fiorella

Obtained temporary restraining order preventing client from being terminated from a substantial joint venture management agreement.

Key Contacts: Andrew G. Fiorella

Represented private equity funds in litigation against former owners of the funds’ portfolio companies.

Key Contacts: Andrew G. Fiorella

Defended incumbent directors against dissident shareholders’ attempt at removal.

Key Contacts: Andrew G. Fiorella

Represented financial institutions in shareholder class actions and other related cases.

Key Contacts: Andrew G. Fiorella

Obtained dismissal of a multi-billion dollar federal securities fraud claim arising from activities in an unrelated litigation, and successfully defended that dismissal on appeal.

Key Contacts: Andrew G. Fiorella

Obtained dismissal for a global financial institution of claims arising from an allegedly improper drawdown on a series of international letters of credit.

Key Contacts: Andrew G. Fiorella

Obtained a favorable defense resolution of a dispute claiming a multi-million dollar earn-out payment in an asset purchase agreement, including related employment claims.

Key Contacts: Andrew G. Fiorella

Obtained a favorable defense resolution of a case alleging theft of trade secrets against a major manufacturer.

Key Contacts: Andrew G. Fiorella

Represented four financial services institutions in a municipal public nuisance action.

Key Contacts: Andrew G. Fiorella

Copyright infringement litigation concerning technology for the e-book industry, representing OverDrive, Inc. as plaintiff

Key Contacts: Andrew G. FiorellaMark E. Avsec

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Credentials

Education

Cornell Law School, 2003, J.D.
  • Executive Editor, Cornell International Law Journal
SUNY Buffalo, 2000, B.A.
  • summa cum laude

Clerkships and Bar Admissions

Ohio
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Southern District of Ohio
U.S. District Court for the Eastern District of Michigan

More

  • Member, Ohio State Bar Association
  • Member, Cleveland Metropolitan Bar Association
  • Board Member, The Music Settlement  
  • Listed, Ohio Super Lawyers Rising Stars (2013)