Andrew Jick concentrates his practice on complex commercial litigation, with an emphasis on consumer class action defense, securities fraud class action defense and intellectual property matters.
Practice & Background
Mr. Jick has extensive experience defending class action lawsuits involving claims for false advertising, unfair business practices and violations of federal securities laws. He also has substantial experience litigating copyright, trademark, false endorsement and right of publicity cases.
Recently, Mr. Jick obtained the dismissal with prejudice of a putative consumer class action against a national restaurant chain alleging deceptive business practices based on suggested gratuity amounts in customer checks.
Mr. Jick was a member of the trial team that secured a $42.5 million jury verdict, including $30 million in punitive damages, on behalf of a California-based distributor of home comfort products in a federal lawsuit against one of the world’s largest manufacturers of air conditioners and dehumidifiers. The verdict led the “Top Plaintiff Cases” section of the Daily Journal’s “Verdicts & Settlements” report, ranked 45 on the “Top 100 Verdicts of 2015,” and was listed as the top verdict in Business Law in The Recorder’s California’s “Million Dollar Verdicts.”
Mr. Jick was also instrumental in obtaining the denial of class certification in a putative consumer class action against a seller of nutritional supplements for securities violations, pyramid scheme violations and false product advertising.
Mr. Jick received a B.S. in business administration summa cum laude from California State University, Los Angeles in 2007. In 2011, he obtained his J.D. from the University of California, Berkeley, School of Law, where he was an articles editor for the Berkeley Business Law Journal.
While in law school, Mr. Jick served as a judicial extern to the Honorable Dean D. Pregerson of the United States District Court for the Central District of California, and as a law clerk for the United States Attorney’s Office for the Northern District of California in the White Collar Crimes Division.
Consumer Class Action Defense
- representing a prominent trucking company in “bet the company” class action litigation regarding whether 18,000 drivers were defrauded into serving as independent contractor drivers based on alleged misrepresentations about their earning potential and benefits
- successfully obtained the dismissal with prejudice of a putative consumer class action against a national restaurant chain alleging deceptive business practices
- represented the insurance underwriting entity of a premier global insurance company in more than a dozen putative statewide class actions relating to the marketing and sale of group disability insurance coverage, which resulted in a nationwide settlement
- successfully resolved a Telephone Consumer Protection Act (TCPA) class action matter on behalf of a home furnishings retailer after persuading plaintiff’s counsel to voluntarily dismiss the case with prejudice
- defended a seller of nutritional supplements in a consumer class action alleging pyramid scheme violations and false product advertising, defeating class certification on the unique grounds relating to superiority and manageability concerns; after this defeat, plaintiffs voluntarily dismissed their claims with prejudice, resulting in a complete victory for the client
- defended a national restaurant chain in a consumer class action alleging deceptive practices in connection with sales tax charges
- defended a food manufacturer in a consumer class action alleging false advertising
- defended a residential services company in a consumer class action, which resulted in a favorable settlement
Securities Fraud Class Action Defense
- successfully resolved a securities fraud class action alleging insider trading and control person liability on behalf of a global investment firm after obtaining orders shortening the proposed class period, denying a second attempt at class certification, and forcing plaintiffs to withdraw a key expert witness
- successfully resolved a series of related securities fraud class actions filed against a leading national animal healthcare company and its board of directors arising from a proposed multi-billion dollar merger
- obtained denial of class certification in a securities fraud class action against an automotive parts supplier on the grounds that plaintiffs were subject to unique defenses and could not establish a fraud-on-the-market presumption of reliance
- defended a fruit juice manufacturer in a securities fraud class action, which resulted in a favorable settlement
- defended an international auditing firm in a securities fraud class action, which resulted in a favorable settlement
Complex Commercial Litigation
- represented a California-based distributor of home comfort products in a federal lawsuit against one of the world’s largest manufacturers of air conditioners and dehumidifiers; the client was awarded a $42.5 million jury verdict, including $30 million in punitive damages, and was recognized as a top verdict by the Daily Journal and The Recorder
- defended an investment bank against claims of fraud and conspiracy brought by investors in five senior living facilities; obtained summary judgment in full by showing that the bank did not materially assist in the alleged securities violation, did not owe plaintiffs a duty of disclosure and did not engage in a conspiracy to defraud
- provided pro bono representation to a small production studio in a high-profile copyright infringement action brought by major television and motion picture studios concerning the production of a fan-funded motion picture inspired by Star Trek
- defended a cosmetics company in a right of publicity dispute, obtaining a stay of the California action based on a mandatory forum selection clause in the licensing agreement
- represented a celebrity licensing agency in right of publicity and false endorsement disputes against, in one case, the makers of a modified vehicle and, in another case, the makers and distributors of a video game
- provided pro bono defense for a small business sued by a large company for trademark infringement; the case resulted in a highly favorable settlement allowing the small business to continue using its trademarks and recovering most of its attorney’s fees
- defended a developer and supplier of alcohol beverage products in a trademark infringement action; after prevailing on a motion to dismiss, the case resulted in a favorable settlement
- defended a torrent search engine website against a copyright infringement action brought by major motion picture and television studios, which resulted in a favorable settlement shortly before trial
Pro Bono Activities
Mr. Jick is actively engaged in pro bono activities. Since 2012, he has represented an elderly woman who was defrauded out of her life savings. After obtaining a judgment in superior court and preserving the judgment from discharge in bankruptcy, Mr. Jick negotiated a settlement enabling the client to recover most of her losses, which he continues to monitor and enforce.
Mr. Jick also represented an LGBT Navy veteran seeking a discharge upgrade after the repeal of “Don’t Ask, Don’t Tell.”
Awards & Accolades
- Recognized as a “Rising Star” by Southern California Super Lawyers (2015-2017)
- Presenter, “TCPA in the 2017 Landscape: Looking Ahead,” The Knowledge Group, July 24, 2017
- Panelist, “What to Expect When You Are Litigating,” Association of Business Trial Lawyers, March 29, 2017
- Speaker, “The Internet of Things: Litigation Issues and Considerations,” Akin Gump, February 16, 2017