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Mayer Brown

1999 K STREET, NW, WASHINGTON, DC 20006-1101, USA
Work +1 202 263 3000
Fax +1 202 263 3300

Andrew Tauber

Work +1 202 263 3324
Mayer Brown

Work Department



Andrew Tauber is co-leader of Mayer Brown’s Supreme Court & Appellate practice. With substantial experience in matters of federal preemption, he devotes much of his practice to cases involving the medical-device and railroad industries, but has successfully briefed and argued a wide variety of cases for a wide variety of clients on issues as diverse as second-hand asbestos claims, the proper measure of damages in product-liability cases, ERISA liability for post-divestment benefit claims, attorney-client privilege, antitrust liability for pre-bankruptcy conduct, and First Amendment protections for commercial speech. A co-author of the treatise Federal Appellate Practice, Andy regularly represents clients in the US Supreme Court, the various US Courts of Appeals, and state appellate courts throughout the country. In addition to his purely appellate work, Andy also works closely with trial lawyers to craft and preserve legal arguments for later appellate review by drafting motions to dismiss, motions in limine, and proposed jury instructions. According to The Legal 500 United States (2012), clients describe Andy as a “go-to star[]” and “a brilliant … legal thinker” who is “an expert written and oral communicator.” In 2013, Andy was awarded the Defense Research Institute’s G. Duffield Smith Outstanding Publication Award for his article, A Powerful Tool to Wield Early: How to Argue Medical Device Preemption. Prior to joining Mayer Brown in 2005, Andy spent five years with a major New York firm, before which he served as a law clerk to the Hon. John G. Koeltl of the United States District Court for the Southern District of New York. He is fluent in German.


Wesleyan University, BA 1984 Massachusetts Institute of Technology, PhD 1997 Yale Law School, JD 1999 Editor, Yale Law Journal

United States: Dispute resolution

Product liability, mass tort and class action: pharmaceuticals and medical devices - defense

Within: Product liability, mass tort and class action: pharmaceuticals and medical devices - defense

Mayer Brown’s ‘excellent’ life sciences litigation team is jointly headed by Henninger Bullock in New York and Chicago-based Michael Olsen and Daniel Ring, who is particularly experienced in medical device litigation. Together with Washington DC-based ‘pre-emption expertAndrew Tauber, who is recommended for his ‘great depth of knowledge’, Ring continues to act as national pre-emption counsel for Medtronic in relation to nationwide product liability litigation involving the client’s Infuse bone-graft device, and recently obtained dismissal of several related lawsuits. St Jude Medical, Abbott Laboratories and Eli Lilly are also part of the firm’s client roster.

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United States: Industry focus

Transport: rail and road - litigation

Within: Transport: rail and road - litigation

The Washington DC-based team at Mayer Brown specializes in appellate work for major railroad companies and has played a major role in the development of precedent concerning railroad tort liability. Indeed, Evan Tager is leading a team defending CSX Transportation in more than 25 environmental tort claims arising from the derailment of a train carrying chemical cargo. Senior counsel Adrian Steel and counsel Peter Denton are representing BNSF Railway Company in a high-value dispute with Union Pacific Railroad Corporation concerning the allocation of costs associated with certain tracking rights agreements between the two parties. Andrew Tauber is involved in an environment-related claim concerning federal pre-emption.

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Transport: rail and road - regulation

Within: Transport: rail and road - regulation

With dedicated specialists in the rail and road sectors, Mayer Brown is often involved in legislative and rulemaking procedures and advises railroads, auto manufacturers and tech companies on the most pressing industry regulations. Acting for CSX Transportation, Andrew Tauber and Evan Tager successfully advocated against proposed legislation that would have prohibited one-person train crews. Senior counsel Adrian Steel led a team assisting BNSF Railway with the exercise of its access rights to a rail line jointly owned by Union Pacifc and Kansas City Southern Railway. The auto group, which includes Linda Rhodes, has expertise in cybersecurity and traffic safety issues. Erika Jones is another key contact, and Los Angeles-based partners Philip Recht and Andrew Kugler have experience in driverless car projects.

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