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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 actions: pharmaceuticals and medical devices - defense

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

The product liability and mass torts practice at Mayer Brown is jointly led by Henninger Bullock in New York and Chicago-based Michael Olsen and Daniel Ring. Ring and Washington DC-based Andrew Tauber are acting for Medtronic as national preemption counsel in nationwide product liability litigation involving the Infuse bone-graft device; the team recently defended the client in appellate litigation. In another recent highlight, the team represented UCB and its subsidiary Schwarz Pharma as discovery counsel in litigation alleging the medication Reglan causes tardive dyskenia.

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United States: Industry focus

Transport: rail and road - litigation

Within: Transport: rail and road - litigation

Mayer Brown represents railroad-sector clients in a range of litigation, and is best known for its appellate work, which has impacted the law governing railroad tort liability. A key client for the team is CSX Transportation. In a recent highlight, Evan Tager defended CSX in a case that determined that railroads have no duty to provide crews with automatic external defibrillators and other equipment for responding to medical emergencies. Senior counsel Adrian Steel is representing BNSF in a dispute with Union Pacific Railroad Corporation regarding the allocation of certain costs related to over 30 trackage rights agreements between the parties. Pre-emption expert Andrew Tauber represented North Coast Railroad Authority in the US Supreme Court’s review of the California Supreme Court decision holding that the ICCTA does not pre-empt state environmental permitting laws when they are applied to a publicly owned railroad. In the road sector, the team handles regulatory matters involving motor vehicle safety and consumer product safety. Michael Kimberly and counsel Carl Summers are also key figures. Named lawyers are based in Washington DC. Peter Denton joined Steptoe & Johnson LLP in 2018.

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Transport: rail and road - regulation

Within: Transport: rail and road - regulation

Mayer Brown handles a raft of rail and road regulatory mandates. On the rail side, the team represents major rail operators in the US and Canada, as well as industry associations, in regulatory proceedings; it is also noted for its experience in crafting and defeating rail sector legislation. Andrew Tauber assisted CSX Transportation with its efforts to defeat proposed legislation that would have imposed discriminatory hazardous material-transportation fees on railroads. Senior counsel Adrian Steel advised BNSF Railway Company on the implementation of its rights to access shippers in Lake Charles, Louisiana via a rail line owned jointly by the Union Pacific Railroad Company and the Kansas City Southern Railway Company. In the road sector, the team represents clients in regulatory matters involving motor vehicle safety and consumer product safety, and related litigation. Contacts in the road and auto practice include Erika Jones and Philip Recht, who is based in Los Angeles. Evan Tager and Tauber jointly head the team. Named individuals are based in Washington DC unless otherwise stated.

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