Andrew Gladstein

About Andrew Gladstein

Andrew is a partner in our commercial litigation practice and is based in New York. He focuses his practice on complex commercial and securities litigation in federal and state courts. Andy serves as lead counsel in matters involving private capital, with significant experience defending  alternative investment funds, private equity funds and public companies. The breadth of Andy’s experience includes jury trials, regulatory actions and investigations relating to disputes over breach of fiduciary duty, breach of contract, fraud and securities fraud, partnership disputes, and Section 16 short-swing trading. 

Recent work

• Empery Asset Management and its affiliated funds in defending against a Section 16(b) shareholder action alleging short-swing profits of approximately $200 million.
• Cerberus Capital Management in a variety of civil and securities cases, including a shareholder challenge to an acquisition of a reinsurance business by a Cerberus affiliate alleging damages in excess of $160 million.
• Empery Asset Management, Ayrton Capital and Altium Capital as plaintiffs in an expedited $20 million claim relating to the company’s failure to comply with its obligations pursuant to a securities transaction, in which the court granted the claims in for relief in full.
• Hudson Bay Capital and its affiliated funds in numerous securities and breach of contract disputes.
• Numerous investment funds and investment managers in securities and breach of contract disputes and SEC investigations.
• Kidde-Fenwal, Inc. in bankruptcy proceedings relating to KFI’s potential products liability arising from its sale of aqueous film forming foam (AFFF).
• The first Chief Executive Officer of Uber in numerous civil and regulatory matters.
• The former Executive Deputy Secretary to the Governor of New York in a two-month criminal trial arising out of public corruption charges brought by the U.S. Attorney’s Office for the Southern District of New York.
• An executive of a major Portuguese media company implicated in the U.S. Attorney’s Office for the Eastern District of New York’s criminal investigation of FIFA.
• An inter-dealer broker in connection with several parallel regulatory investigations by the SEC, CFTC and NYSAG.