Andrew G. Horne
Andrew Horne is a litigation attorney with more than seventeen years of experience practicing complex commercial litigation and criminal defense. Previously an equity partner with Kirkland & Ellis LLP he has represented individuals and companies in a wide variety of industries and disputes. He has acted as counsel in cases (both individual and class action) involving a broad range of areas of law including employment law, mass tort, personal injury, privacy law, securities law, ERISA, financial services regulation, antitrust, mergers and acquisitions, and commercial contract. He has also conducted internal investigations for companies and investment banks and represented them before regulatory bodies including the SEC, Department of Labor, NASD, and NYSE (now FINRA).
Prior to joining Kirkland & Ellis LLP, Andrew studied as a Kennedy Scholar (the United Kingdom's equivalent of a Rhodes Scholar) at Harvard Law School. He has also taught law at the University of Strathclyde in Glasgow, Scotland.
Andrew's clients have included individuals and private and public companies (including Fortune 50 companies). His industry focus has been broad-based but has included companies involved in the following sectors: media,
entertainment, financial services, technology, Internet, telecommunications, insurance, defense, and biotechnology. Andrew is skilled at representing individuals both as plaintiffs and defendants.
As a trial and appellate lawyer, Andrew has represented clients in lawsuits, class actions, arbitrations and regulatory proceedings across the country and abroad. He has appeared before trial courts and arbitration panels in New York, California, Florida, Texas, Illinois, Pennsylvania, Virginia and Delaware, and before appellate courts in Texas, Delaware and Pennsylvania. He has provided clients with advice on matters pending in foreign jurisdictions, including proceedings in England, Argentina, the Cayman Islands, and the European Court of Justice.
Andrew's criminal work has earned him considerable recognition. In 2008, the New York Bar Association awarded him a Thurgood Marshall Award for Capital Representation in recognition of exemplary service to the cause of justice in the United States. A team led by him also received the 2015 American Bar Association Death Penalty Representation Project Exceptional Service Award for his post-conviction work. In nominating him for the award, former Governor Mark White of Texas wrote: "I want to commend Andrew Horne and his entire team for their commitment to justice. The clemency petition they submitted was one of the best I’ve ever seen." Kathryn Kase, the then-Executive Director of the Texas Defenders Service said: "The two greatest gifts that post-conviction counsel can give a death row prisoner are zealous representation and the recognition of that prisoner’s humanity. Kirkland & Ellis LLP has given both to an extraordinary degree." And Michael Berryhill, a noted criminal law commentator, author, and Professor at Texas Southern University, who extensively covered one of Andrew's criminal matters, has written that he was "stunned by his mastery of detail and concern for his client."
Prior to founding Andrew G. Horne P.C., Andrew worked on the following representative matters:
Defended an Internet service provider in one of the largest class action lawsuits ever brought under Title II of the Electronic Communications Privacy Act (the Stored Communications Act). The plaintiffs sought compensatory damages of $685 million on behalf of a putative class of 685,000 people who allegedly had their Internet search queries wrongfully disclosed. Result: The case was dismissed in its entirety prior to trial. (See the order here.)
Defended a yellow pages publisher in a putative ERISA class action lawsuit alleging that its employee benefits committee and senior executives breached their fiduciary duties in continuing to offer company stock when it was supposedly imprudent to do so. Result: The case was dismissed in its entirety.
Defended an insurance company in connection with an ERISA class action lawsuit alleging that the company engaged in self dealing by using retained asset accounts to pay death benefits. Result: Following discovery, the case was dismissed on summary judgment. (See the order here.)
Defended an Internet carrier in a securities class action lawsuit arising out of the carrier's spin-off from a telecommunications company. Result: The case was dismissed in its entirety.
Defended an investment bank and its employees in numerous securities industry arbitrations, including a case in which a former customer alleged that the investment bank issued fraudulent and misleading equity research. Result: After a one-week arbitration, the panel rejected all of plaintiff's claims relating to the equity research.
Defended an investment bank and its employees in connection with numerous regulatory investigations relating to its employment practices and reporting of securities law violations. Result: The matters were resolved to the satisfaction of the client prior to the commencement of formal enforcement proceedings.
Represented a credit card network in connection with various antitrust proceedings it commenced in federal court in the United States, in the High Court in London, and in the European Court of Justice. In the federal court proceedings, the client sought billions of dollars in damages caused by its competitors' illegal conduct. Result: The matter was settled on the eve of trial for $2.75 billion.
Represented an investment bank in a $60 million dispute over the allocation of tax refunds and liabilities under a tax sharing agreement. Result: The investment bank prevailed in arbitration before a panel comprised of three former federal judges and received a multimillion dollar award.
Represented several large private equity firms in a breach of contract action they brought against one of the country's largest pharmaceutical distributors. The private equity firms alleged that they were owed millions of dollars in "earnout" payments. Result: The private equity firms prevailed at trial in Delaware Chancery Court and were awarded over $28 million in damages. The Delaware Supreme Court upheld the award on appeal. (See the opinion here.)
Defended a telecommunications company in a state court putative class action brought by more than 30,000 property owners claiming trespass, inverse condemnation, and unjust enrichment. The plaintiffs sought damages in excess of $300 million. Result: After discovery, the court denied the plaintiffs' motion for class certification and the ruling was affirmed on appeal.
Defended an investment bank in an action brought by European plaintiffs who alleged that they had been the victims of an alleged international fraud and money laundering scheme. Result: Following extensive fact and expert discovery, the matter settled on terms favorable to the client.
Defended a telecommunications carrier in connection with mass tort litigations arising out of a predecessor company's use of land to manufacture nuclear material. Result: Compete jury verdict in favor of client.
In addition to his advocacy work, Andrew also provides pre-litigation counseling to individuals, corporations, private equity funds, and other clients. Andrew has, for example, provided advice concerning litigation risks associated with mergers and acquisition transactions and joint venture agreements, the appropriateness and scope of litigation insurance, compliance with state and federal privacy statutes, document retention obligations, and non-compete and non-solicitation clauses.
Harvard Law School, LL.M., 2001
Kennedy Memorial Scholar (2000-2001)
Article Consultant, Harvard International Law Review
Glasgow Graduate School of Law, Dip. L.P., 2000
Jessup International Law Moot Court Competition, Team Captain
University of Strathclyde, Glasgow, Scotland, LL.B., 1999 1st Class Honours
Chairman’s Prize (graduated first in class)
W. Green’s Prize (won twice for highest GPA in first year and highest GPA in second year)
Five Class Prizes (first in class for contract, delict (tort), property, trusts, and succession, tax, and family law)
University Moot Court Winner
Sir Alexander Stone National Moot Court Winner
Sheriff’s Inter-School Moot Court Winner
Memberships and Affiliations
Member, American Bar Association (Antitrust Law, Civil Rights and Social Justice, Criminal Justice, Dispute Resolution, Labor and Employment Litigation, Litigation, Science & Technology Law, and Solo, Small Firm, and General Practice Committees)
Member, New York State Association of Criminal Defense Lawyers
Member, New York City Bar Association
Associate Fellow, Society for Advanced Legal Studies
Member, Stair Society
Member, Selden Society
Recipient, Thurgood Marshall Award for Capital Representation (2008)
Recipient, Kirkland & Ellis Pro Bono Service Award (2008-2016)
Author, Negligence and the Misbehaving Pursuer, 1999 Juridical Review 357
Author (with J.W.G. Blackie), The Application of the Declaration of Helsinki: Country Report for the United Kingdom, in Forschungsfreiheit und Forschungskontolle in der Medizin-zurw gelanten Revision der Deklaration von Helsinki (Erwin Deutsch and Jocher Taupitz Eds. 2000)
Researcher, Paths to Justice Scotland: What People in Scotland Think and Do About Going to Law (by Hazel G Genn & Alan Paterson 2001)
Panelist, "E-Discovery 2020 – The Next Generation of Innovation," Legal Tech (2011)
University of Strathclyde, Instructor in Delict (tort) and International Private Law (1999-2000)
England & Wales (Solicitor)
U.S. Supreme Court
U.S. Court of Appeals for the Second, Fifth and Ninth Circuits
U.S. District Court, Southern and Eastern Districts of New York