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Lawyers

Andrew Yaphe

Lawyers
Represents clients in a broad range of civil litigation matters, including securities cases, antitrust cases, complex class action matters and commercial disputes.

Andrew represents clients in a broad range of civil litigation matters in federal and state court nationwide, including securities cases, antitrust cases and other complex class action matters, as well as commercial disputes. His clients operate in an array of industries including life sciences, technology (both hardware and software), financial services, manufacturing and retailing, among others.

Andrew has successfully argued substantive matters in both trial and appellate courts. In addition, he has represented a number of pro bono clients in a variety of proceedings and previously served as the coordinator of Davis Polk’s pro bono program in Northern California for a number of years.

Experience highlights

  • Representing Novo Nordisk in a group of cases filed nationwide—including putative class actions and lawsuits brought by government entities—involving RICO, antitrust, and state consumer protection law claims, all relating to the company’s setting of prices for its insulin medications; obtained dismissal of RICO claims in multiple successive complaints
  • Representing Novo Nordisk in securities class action arising from disclosures regarding expected future financial performance
  • Representing technology company in a lawsuit alleging defendant used spyware to attack company servers and user devices
  • Representing a blockchain technology company in putative class actions by alleged purchasers of an electronic token (commonly referred to as a “cryptocurrency”) in the Southern District of New York alleging violations of the Securities Act of 1933 and the Exchange Act of 1934
  • Representing owner of major mobile phone network in mediation involving defamation claims
  • Won dismissal of RICO claims in putative class action against Walmart in the Northern District of California
  • Obtained dismissal of a putative class action filed by California homeowners against Verisk Analytics in the Northern District of California, involving antitrust and state consumer protection law claims and alleging inadequate insurance coverage in the wake of the 2017 wildfires in Sonoma County
  • Secured favorable, injunctive-relief-only settlement in a consumer class action on behalf of Ferrara Candy Company, the maker of SweeTARTS, and affirmance of the settlement on appeal
  • Represented Pivotal Software in securities litigation in the Northern District of California
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Credentials

Recognition
Northern California Super Lawyers – Business Litigation, “Rising Star,” 2019 and 2020
Education
J.D., Stanford Law School
  • Member, Stanford Law Review
M.A., University of Chicago
B.A., English/Philosophy, University of Virginia
  • Phi Beta Kappa
  • with high distinction
Clerkships
Law Clerk, Hon. J. Clifford Wallace, U.S. Court of Appeals, Ninth Circuit, 2013-2014
Law Clerk, Hon. James Ware, U.S. District Court, N.D. California, 2011-2012
Professional history
  • Counsel, 2019-present
  • Associate, Davis Polk, 2014-2019
  • WilmerHale, 2012-2013
Qualifications and admissions
  • State of California
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, C.D. California
  • U.S. District Court, E.D. California
  • U.S. District Court, N.D. California
  • U.S. District Court, S.D. California
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