The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Mayer Brown

1999 K STREET, NW, WASHINGTON, DC 20006-1101, USA
Tel:
Work +1 202 263 3000
Fax:
Fax +1 202 263 3300
Email:
Web:
www.mayerbrown.com

Andrew Pincus

Tel:
Work +1 202 263 3220
Email:
Mayer Brown

Work Department

Litigation

Position

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, as well as on developing legal arguments in trial courts. Andy has argued 23 cases in the Supreme Court of the United States, four of them in the 2010 and 2011 Terms, including AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011). For his victory in Concepcion, Andy was named Litigator of the Week by the American Lawyer and Appellate Lawyer of the Week by The National Law Journal. 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. 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. According to Legal 500, Andy “is an ‘excellent Supreme Court oralist’” (2011) and “is cited by clients as ‘a total superstar’ who is ‘unbelievably smart,’ and who ‘objectively belongs on any list of leaders’” (2008). Chambers USA reports that Andy is “a superb lawyer who is involved in lots of influential cases” (2010) and “is commended for his ‘masterful performances’” before the Supreme Court (2009). Andy's appellate experience has also won him recognition in The Best Lawyers in America (2006-2012). Andy has filed briefs in more than 150 cases in the Supreme Court. His Supreme Court oral arguments are available here. A selection of his appellate briefs is available here. Andy also advises clients on legislative and regulatory matters. In 2011, Andy testified before Congressional committees regarding patent reform legislation, the new Consumer Financial Protection Bureau, and the Supreme Court’s decisions in cases involving businesses. Andy also successfully represented clients in connection with passage of the Private Securities Litigation Reform Act. 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.

Education

Yale University, BA, cum laude 1977 Columbia Law School, JD 1981 Notes & Comments Editor, Columbia Law Review James Kent Scholar; Harlan Fiske Stone Scholar


United States: Dispute resolution

Appellate

Within: Leading lawyers

Andrew Pincus - Mayer Brown

Within: Appellate

Acting across a broad spectrum of practice areas, Mayer Brown’s ‘spectacular’ practice is highly recommended for ‘delivering first-class results’. At the US Supreme Court level, in the case of National Association of Manufacturers v Department of Defense, Chicago-based Timothy Bishop and Washington DC-based Michael Kimberly secured a unanimous win for the petitioners, thereby successfully challenging the EPA's definition under a 2015 regulation of the term 'the waters of the United States', which is used in the 1972 Clean Water Act. In a recent success for Weyerhaeuser in Weyerhaeuser Company v United States Fish and Wildlife Service, Bishop presented arguments concerning the interpretation of the 1973 Endangered Species Act before the US Supreme Court, which unanimously vacated the Fifth Circuit’s decision and sent the case back for further review. The ‘diligent, well-prepared and thoughtful’ Paul Hughes successfully argued for R. Scott Appling in proceedings brought by petitioner law firm Lamar, Archer & Cofrin, LLP before the US Supreme Court, which resolved a circuit court split and unanimously backed the reading of the Bankruptcy Code suggested by Hughes’ client. At the Ninth Circuit and the US Supreme Court, Andrew Pincus successfully led the team on defending a prior decision concerning consumer protection issued by the district court in favor of mobile telecom company AT&T Mobility. Nancy Ross and Brian Netter lead the Chicago and Washington DC teams, respectively, in defending a number of elite universities in a series of class actions across the country, alleging breaches of the fiduciary duties of prudence and loyalty under the Employee Retirement Income Security Act of 1974 (ERISA). ‘Handling matters to perfection’, Evan Tager (‘the best brief writer in the country’) and Charles Rothfeld (‘a great strategic appellate thinker’) are highly recommended. Following a move from Gibson, Dunn & Crutcher LLP in November 2018, Nicole Saharsky assumed the position of co-head of the appellate department. Karen Lin is a promising associate in the practice group.

[back to top]


Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • DO FIDIC RULE APPLY IN CONSTRUCTION CONTRACTS IN UAE?

    Since a very long time, FIDIC (The International Federation of Consulting Engineers) is commonly used a standard for international construction and engineering contracts and is very frequently used in UAE. It mainly governs the construction works within the country and in GCC. 
  • CommuniquĂ© on Equity Crowdfunding Is Officially Published

    By way of background, in January 2019, the Capital Markets Board (“ CMB ”) had issued an announcement on its website on the Draft CommuniquĂ© on Equity Crowdfunding [1] . The CMB has now officially published the CommuniquĂ© on Crowdfunding No. III-35/A (“ CommuniquĂ© ”), on October 3, 2019. The CommuniquĂ© entered into force as of October 3, 2019.
  • Beneficial Ownership Concept new interpretation from the Russian federal tax service

    The recent interpretative letter issued by the Russian Federal Tax Services (“FTS”) on 08th August 2019, has provided further guidance as to the application of the Beneficial Ownership Concept, further to the letter initially provided on the 12th of April 2018 which adopted a strict approach of the concept. 
  • Cyprus and Netherlands Double Tax Treaty Update

    Cyprus has concluded the negotiations for the avoidance of double taxation with the Netherlands. The double tax treaty was agreed at technocratic level in Hague. It is expected to be signed by the end of 2019 or early in 2020.
  • Vacancy - Senior Corporate Lawyer

    The Senior Corporate Lawyer, who will be reporting to Partners, will be working with both the firm’s legal team as well as the financial services team. The successful candidate will be requested to show initiative, take on certain responsibilities within the firm, work in a multinational environment and will immediately be given the opportunity to further advance their career within the law firm.
  • CJEU RULED ON THE APPLICATION OF THE BENEFICIAL OWNERSHIP CONCEPT

    The judgment of the Court of Justice of the European Union (CJEU) on February 26, 2019, in the “Danish Beneficial Ownership Cases”, can be perceived as a landmark on the interpretation of the Beneficial Ownership concept under the Interest and Royalties Directive (IRD) and the Parent-Subsidiary Directive (PSD).
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‘centre of life test’ in Surinder Singh cases?

    In the recent case of  ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan   [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess  Surinder Singh  cases that appear before them.
  • ITALIAN RULES ON JOINT VENTURES IN PUBLIC PROCUREMENT AND CONCESSIONS

    Italian rules on jointventures concerning public procurement and concession contracts are set out inlight of the European legal framework provided for in Directive 2014/23/EU and 2014/24/EU of the European Parliament and of the Council. The European rules aim to ensurethe best use of public money so that EU citizens benefit from strategicinvestments and services at fair prices. In this context, public procurementand concessions represent key instruments that need to be regulated and standardisedin order to ensure free movement of goods, freedom of establishment and freedomto provide services.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.