Bradley J. Andreozzi is a partner in the Commercial Litigation Practice Group whose practice focuses on complex litigation in federal and state courts, including class action trials and appeals and international arbitration.  Brad’s areas of concentration include securities litigation, consumer class action defense and international sports litigation.

Brad has represented clients in virtually every federal appellate court, including the Supreme Court, and in many trial courts around the country.  His superb work on behalf of clients earned him inclusion in Chambers USA: America’s Leading Lawyers for Business each year since 2005.  Brad was also chosen as an Illinois “Super Lawyer” each year since 2009 and included in Lawdragon’s selection of “500 New Stars” (July, 2006).  He is known for being “smart and thorough, with a great level-headedness.” (Chambers USA 2007).

Securities Litigation and Accountants’ Defense.  Brad frequently represents public companies and auditors in the defense of securities fraud claims, both at trial and appeal. He has broad experience litigating challenges to financial statements and audit opinions and a demonstrated ability to distill complex accounting issues into themes and arguments that can persuade a judge or jury. Significant engagements include:   

• Currently acting as lead counsel for a pharmaceutical company in defending a securities fraud shareholder class action challenging the company’s valuation of auction rate securities; won dismissal of related shareholder derivative suit;
• Currently representing a major fashion and apparel chain in defending a securities fraud shareholder class action challenging the company’s inventory reserves and other issues;
• Recently acted as lead counsel for tender offer target in defending a shareholder class action in Delaware Chancery Court. Won important decision setting tough standards for fee awards to class counsel. In re Sauer-Danfoss, Inc. Shareholders Litig., 2011 Del. Ch. LEXIS 64 (Apr. 29, 2011). See “Delaware’s Laster Slashes Plaintiffs’ Fee Request by 95 Percent in Sauer-Danfoss Case,” American Lawyer Litigation Daily (May 5, 2011);
• Represented an accounting firm in obtaining reversal on appeal of a multimillion dollar judgment awarded to the former president of an insolvent bank, who claimed to have relied on a negligently prepared audit opinion in deciding to accept the position.  The Court of Appeals agreed that the auditor owed no duty to the audit client’s employee. Ellis v. Grant Thornton LLP, 530 F.3d 280 (4th Cir. 2008);
• Represented an accounting firm in successfully arguing motion to dismiss securities fraud complaint arising from a leveraged recapitalization of a major supermarket chain and in successfully arguing to upholding the dismissal on appeal. 27001 Partnership v. BT Sec. Corp. (N.J. Super. Ct., App. Div., July 17, 2008);
• Represented an accounting firm in a leading case establishing the standard for pleading scienter against an auditor. Fidel v. Ernst & Young, 392 F.3d 220 (6th Cir. 2004);
• Represented an accounting firm during bench trial of negligence and fraud claims, resulting in defense verdict on loss causation grounds, and on appeal where judgment for the accountant was affirmed.  AUSA Life Ins. Co. v. Ernst & Young, 991 F. Supp. 2d 234 (S.D.N.Y. 1997), aff’d, 2002 U.S. App. Lexis 13845 (2d Cir. July 8, 2002);
• As part of the team defending an accounting firm in one of the largest and most complex securities fraud litigations in U.S. history, acted as lead counsel in taking the depositions of the audited company’s outside directors, including former Canadian Prime Minister Brian Mulroney;
• Argued and won before the trial and appellate courts a leading case delineating the scope of liability of a commodities futures commission merchant for the illegal activities of its customer, an unregistered commodity pool operator. Kolbeck v. LIT America, 939 F. Supp. 240 and 923 F. Supp. 557 (S.D.N.Y. 1996), aff’d, 1998 U.S. App. Lexis 15308 (2d Cir. June 8, 1998); and
• Responsible for drafting the briefs in many other cases resulting in favorable decisions for accountants.  E.g., New England Health Care Employees Pension Fund v. Ernst & Young, 336 F.3d 495 (6th Cir. 2003); In re Cendant Corp. Sec. Litig., 343 F.3d 658 (3d Cir. 2003); In re Bally Total Fitness Sec. Litig., 2007 U.S. Dist. Lexis 12060 (N.D. Ill. Feb. 20, 2007) and 2006 U.S. Dist. Lexis 93986 (N.D. Ill. July 12, 2006); Levine v. Bally Total Fitness Holding Corp, 2006 U.S. Dist. Lexis 95006 (N.D. Ill. Sept. 29, 2006); Donnybrook Investments, Ltd. v. Arthur Andersen LLP, 2006 U.S. Dist. Lexis 21470 (N.D. Ill. April 20, 2006).

SEC Investigative and Enforcement Actions and Internal Investigations.  Brad frequently represents securities issuers and individuals in matters before the SEC. Significant recent engagements include:  

• Represented a Special Committee of the Board of a Fortune 50 company in conducting an internal investigation of insider trading allegations regarding the CEO; SEC accepted the investigation’s findings and did not take enforcement action;
• Represented a consumer products manufacturer in an SEC investigation of insider trading allegations; SEC closed investigation without taking enforcement action;
• Currently representing the former CFO of a publicly traded home construction company in an SEC investigation of the company’s impairment charges;
• Represented an issuer with offshore operating subsidiaries in successfully defending an SEC investigation of the subsidiaries’ off-shore tax status; SEC rejected “whistleblower” allegations and closed investigation without taking enforcement action;
• Represented a telecommunications company in conducting an internal investigation of compliance with government funding regulations; drafted report submitted to Congress; and
• Represented a large public utility in coordinated defense of securities fraud, SEC and regulatory challenges to accounting practices by which the utility determined gas prices.

Class Action Defense.  Brad’s practice also concentrates on the defense of purported class actions, with a particular focus on the development of arguments to defeat class certification. Notable engagements include: 

• Recently acted as lead counsel for a manufacturer of consumer products in defending a purported national class action challenging warranty practices and disclosures.  Case settled for nominal amount without a class being certified;
• Recently acted as lead counsel for an automobile rental company in defending a purported national class action challenging certain standard charges in the consumer rental contract. Case settled for nominal amount without a class being certified;
• Represented an automobile insurer in successful defense of purported nationwide class action challenging the specification of generic replacement parts for repairs (rather than the more expensive parts offered by the car makers); role included acting as “issue preservation” counsel during lengthy jury trial, arguing directed verdict motions, acting as lead counsel at jury instruction conference and as an appellate counsel in obtaining reversal of a billion dollar judgment.  Avery v. State Farm Mut. Auto. Ins. Co., 216 Ill. 2d 100 (2005);
• Developed a successful strategy for an accounting firm to exclude foreign investors from a U.S. securities fraud class action regarding accounting fraud at a major European conglomerate, reducing client’s damages exposure by more than a billion dollars; and 
• Investigated facts and drafted affidavits highlighting individual factual issues critical to defeating certification of a purported nationwide class action in Madison County, Illinois challenging an insurer’s medical reimbursement policies.

Appellate Litigation.  Brad’s notable appellate engagements include a death penalty case won before the United States Supreme Court and significant commercial cases won before the First, Second, Fourth, Sixth and Seventh Circuits, as well as the Illinois Supreme Court.  In addition to briefing and arguing appeals, Brad advises trial counsel on how to use the trial to create, preserve and enhance issues for appeal.

International Sports Litigation.  Brad represents sports governing bodies and professional athletes in litigation and international arbitration, including in trials before the International Court of Arbitration for Sport (CAS) in Lausanne, Switzerland.  He has also tried cases before sports tribunals in London, Athens and Monte Carlo.  As a result of his sports law work, Brad earned Band 1 recognition as one of the nation’s top sports lawyers in Chambers USA: America’s Leading Lawyers for Business (2005 through 2011 editions). Significant engagements include:  

• Led the team that tried several cases before CAS’ ad hoc tribunal for resolution of disputes at the 2004 Summer Olympic Games in Athens, Greece;
• Successfully defended several top-ranked professional tennis players against doping charges where investigation showed that the prosecuting tennis federation may have distributed contaminated nutritional supplements to the players;
• Successfully defended a sport national governing body against claims brought by the sport’s international governing body in trial before CAS;
• Assisted a sport governing body in developing a gender policy addressing when athletes who have undergone gender reassignment surgery would be eligible to compete in women’s competitions;
• Lead counsel in the trial of the first case involving use of Isotope Ratio Mass Spectrometry (IRMS) drug testing technology, before the IAAF Anti-Doping Tribunal in Monte Carlo, Monaco;
• Successfully prosecuted shot-put champion C.J. Hunter on doping charges in a case where Hunter was represented by attorney Johnnie L. Cochran, Jr.;
• Member of the team that represented the National Collegiate Athletic Association in a jury trial of antitrust claims arising from the NCAA’s rule-making activities; and 
• Represented a university in conducting an internal investigation of the athletic department’s compliance with student athlete recruiting and eligibility rules.

In General.  Brad joined the firm in 2007 after 16 years with Mayer Brown.  He earned his J.D. degree from the University of Chicago and his bachelor’s degree, magna cum laude, from Yale University.