Andrew B. Clubok
Professional Profile
Mr. Clubok has a diverse practice, mixing trial, appellate and administrative litigation in a wide range of substantive areas including securities law, tax litigation, environmental litigation, telecommunications, and commercial litigation.
Mr. Clubok's successful representations have included: Obtaining dismissal of numerous securities actions, including those involving "short swing profits", "naked short selling", preemption under SLUSA, and IPO related alleged misconduct; obtaining an injunction against a state statute that required automobile manufacturers and dealers to sell electric vehicles in violation of the Clean Air Act and an injunction against regulations that required state fuel economy standards; achieving summary judgment in a mass toxic tort case and achieving dismissal of an environmental nuisance claim; winning numerous tax appeals before the IRS; obtaining state regulatory approval for a telecommunications merger; enjoining a state statute that would have unconstitutionally regulated telephone rates; defending automobile manufacturers in government recall actions; obtaining relief for clients from competitors' unfair trade practices; litigating Internet sales contracts; and defending against individual employment claims. Mr. Clubok has also provided significant counseling to his clients, including advice on Sarbanes-Oxley, antitrust issues, federal election law and regulatory compliance.
Representative Matters
As "liaison counsel" for 9 investment banks, achieved dismissal of 54 derivative actions alleging illegal short swing profit-taking (case now pending on appeal);
Representing Investment Bank in series of nationwide cases alleging market manipulation and antitrust claims involving "naked short selling";
Representing Underwriter and led settlement negotiations on behalf of industry in 309 cases related to alleged misconduct in connection with IPOs;
Current and past representations of investment banks and investment advisors in defense of private arbitrations and investigations pending before the AAA, SEC and the FINRA;
On behalf of automobile manufacturers and dealers successfully challenged, on constitutional grounds, a state statute that required sales of electric vehicles and currently challenging state statutes that regulate fuel economy;
Currently representing oil company in defense of environmental nuisance claim;
Obtained summary judgment for defense contractor in mass tort action and currently defending manufacturer from environmental property damage claims;
Achieved removal to federal court and dismissal of securities class action against investment bank, on grounds that it was preempted by federal securities laws;
Obtained permanent injunction for telecommunications provider, on constitutional grounds, against a state statute that cut and froze telephone rates;
Successfully represented automobile manufacturers in recall actions brought by U.S. Environmental Protection Agency and California’s Air Resources Board;
Defeated claims brought by minority shareholders against large closely-held corporation;
Successfully represented high-tech companies in various commercial disputes, including those involving Internet sales contracts and fiber-optic cables;
Won favorable settlement, including public apology, on behalf of food manufacturer that sued competitor for false advertising;
Represented manufacturer of high-tech products in a challenge to a competitor’s merger that resulted in a favorable settlement after a preliminary injunction;
Obtained removal of independent presidential candidate in Ohio from ballot due to fraud;
Obtained a favorable advisory opinion from the Federal Election Commission on solicitation of corporate P.A.C. money;
Counseled clients in connection with antitrust issues in mergers and acquisitions and in connection with threatened SEC action for alleged violations of insider trader laws.
Seminars
Panelist at Legaltech on Discovery conferences
Lecturer to American Management Association on “The Antitrust Aspects of Mergers and Acquisitions”
Guest lecturer at Georgetown University and University of Maryland on environmental regulation
Prior Experience
Campaign Manager for Ohio Attorney General candidate
