Andrew B. Loewenstein

  • Partner
  • Boston
  • 617 832 3015 direct
  • 617 832 7000 fax

Andrew Loewenstein focuses on complex commercial and intellectual property litigation/arbitration and government investigations, with an emphasis on international disputes. He also advises governments, multilateral financial institutions, corporations, and non-governmental organizations on international law and law reform.

In his domestic litigation practice, Andrew represents corporate and individual clients in commercial and intellectual property litigation and arbitration. He has particular experience in contract disputes, fraud, trademark and trade dress infringement, trade secrets, and economic espionage. A significant part of Andrew’s practice involves representing corporations, corporate officers and directors, and other individuals in criminal, civil, and regulatory investigations. His corporate clients are in industries ranging from financial services and health care to energy and construction, and he assists such individual professionals as managers, executives and engineers.

Andrew has particular expertise in international litigation and arbitration, including representing foreign governments and foreign state-owned corporations before the International Court of Justice, U.S. courts and international arbitration tribunals. He appears on behalf of plaintiffs and defendants in a wide range of disputes, including those concerning public international law, investment, infrastructure, and commercial contracts.

Andrew also advises governments, multilateral financial institutions, corporations, and non-governmental organizations on public international law and law reform, including environmental law, use of force, armed conflict, and international human rights and humanitarian law. As part of this work, he helps draft legislation appropriate to a modern market economy.

Bars and Court Admissions

  • Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court for the District of Massachusetts

Representative Experience

The following is a brief summary of Andrew's experience and accomplishments:

  • DOMESTIC DISPUTES

    • Civil Litigation and Arbitration
      • Represented the former CEO of a major photographic processing company in a putative consumer fraud class action in the U.S. District Court for the District of Massachusetts brought by lessees of photographic developing equipment.
      • Represented the former CEO of a major financial services company in arbitration before the American Arbitration Association over alleged executive misconduct.
      • Represented a major insurance company in defense of claims brought by a national association of insurance agents before the Superior Court of the District of Columbia regarding alleged breaches of agency contracts.
      • Represented a major video game publisher in the U.S. District Courts for the Northern District of Alabama and the District of Massachusetts regarding the licensing rights to NASCAR drivers and racetracks.
      • Represented a paper manufacturer in the U.S. District Court for the District of Massachusetts in claims for trade dress infringement and misappropriation of trade secrets.
      • Represented a chemical supply company in litigation in the state and federal courts of Massachusetts over alleged breaches of a supply contract for a major medical research study.
      • Defended a developer of machine vision and artificial intelligence software against claims of patent infringement in the U.S. District Court for the District of Massachusetts.
    • Business Crimes and Government Investigations
      • Defended the owner of a power plant in parallel investigations by the Essex County District Attorney’s Office, OSHA, and the Massachusetts Department of Public Safety regarding a major industrial accident involving multiple fatalities.
      • Defended the former CEO of a leading financial services firm in state and federal tax investigations and related matters.
      • Defended a money manager in an SEC enforcement action regarding alleged insider trading before the U.S. District Court for the District of Massachusetts.
      • Defended an engineering consulting firm in a criminal investigation by the Massachusetts Attorney General’s Office regarding workmanship on a major construction project.
      • Defended a hedge fund in an SEC investigation regarding alleged insider trading.
      • Defended a health care provider in a federal investigation against charges of health care fraud and kickbacks relating to the purchase of pharmaceuticals.
      • Defended a senior executive of a defense contractor in a federal investigation into alleged criminal anti-trust violations relating to procurement by the U.S. military.
      • Defended an engineer in connection with a license revocation proceeding before the Massachusetts Department of Public Safety.
      • Defended senior construction engineers in a federal investigation against charges under the False Claims Act.
      • Defended individuals in a federal investigation against charges of international economic espionage.
      • Defended senior biomedical engineers in a federal investigation against charges of medical device fraud.
      • Defended senior managers of a construction company in a civil investigation by the Massachusetts Attorney General’s Office under the state False Claims Act.

  • INTERNATIONAL LITIGATION AND ARBITRATION

    • Represented the Republic of Georgia before the International Court of Justice in the Case Concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russia) in asserting claims against Russia for ethnic cleansing and other forms of ethnic violence in South Ossetia and Abkhazia.
    • Represented the Republic of Uruguay before the International Court of Justice in the Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) in defense of allegations that construction and operation of pulp mills near the international border with Argentina violate international environmental obligations.
    • Represented the Republic of Ecuador before the International Court of Justice in the Case Concerning Aerial Spraying Along the Border (Ecuador v. Columbia) concerning environmental damage and related human rights claims caused by Columbia’s spraying of herbicides near the international border.
    • Represented the Republic of Guyana in international arbitration with the Republic of Suriname over the delimitation of a disputed international maritime boundary before an arbitral tribunal constituted under the United Nations Convention on the Law of the Sea.
    • Counseled a Latin American state regarding an international maritime boundary dispute with a neighboring state.
    • Counseled an African state regarding the delimitation of unsettled international maritime boundaries with neighboring states.
    • Represented party to Swiss court proceeding regarding obtaining discovery in the United States pursuant to 28 U.S.C. § 1782.
    • Represented the prevailing party in an ICC arbitration in proceedings concerning enforcement of an arbitral award under the New York Convention.
    • Served on the Atrocities Documentation Team tasked by the U.S. State Department with investigating allegations of international crimes in the Darfur region of Sudan.
    • Advised a major human rights organization regarding the application of public international law to the situation in Darfur, including with respect to genocide and reparations for violations of international law.
    • Counseled a human rights organization regarding international criminal law, including with regard to genocide and crimes against humanity.
    • Represented the Republic of Ecuador in defense of alleged claims of expropriation before the International Center for the Settlement of Investment Disputes.
    • Represented the Kingdom of Thailand in the U.S. District Court for the Southern District of New York in defense of mass tort claims arising from the Asian Tsunami.
    • Represented the Republic of Guyana in the U.S. District Court for the District of Columbia in defense of alleged breaches of the contract privatizing the country’s telecommunications sector brought by the principal telecommunications provider.
    • Represented a foreign sovereign in ad hoc international arbitration with investors over the privatization of the national electric company.
    • Represented a foreign sovereign in international arbitration before the International Centre for Dispute Resolution regarding the alleged expropriation of assets of U.S. investors.
    • Represented a foreign sovereign in international arbitration with U.S. investors before the International Centre for Dispute Resolution regarding the sale, operation, and refurbishment of an electric power plant.

professional / civic involvement

  • American Bar Association
  • International Litigation Committee, Member
  • International Bar Association
  • Litigation and Arbitration Committees, Member
  • London Court of International Arbitration, Member
  • Boston Bar Association
  • Public International Law and Human Rights Committee, Co-Chair

SPEECHES AND CONFERENCES

  • "State Liability: Enforcement of Treaty Rights Against States," November 1, 2008 (Riga, Latvia) 
  • "Recent Developments in Inter-State Dispute Resolution in Latin America," September 26, 2007 (Lima, Peru) 
  • "The Role of Amicus Briefs in International Dispute Resolution," September 5, 2006 (Riga, Latvia) 
  • "Darfur and Genocide," Conference in Honor of Adriaan Bos, March 31, 2006, Vrie Universiteit (Amsterdam, Netherlands) 
  • "The Destruction of Livelihoods and Genocide," March 23, 2006, Presentation at the International Criminal Court (The Hague, Netherlands) 
  • Lectures on international law at numerous universities, including The Fletcher School of Law and Diplomacy, Harvard, Brown, and Brandeis

publications

  • "Bosnia and Herzegovina v. Serbia and Montenegro," The Oxford Companion to International Criminal Justice (Oxford University Press, forthcoming)
  • "Divergent Approaches to Determining Responsibility for Genocide: The Darfur Commission of Inquiry and the ICJ’s Judgment in the Genocide Case," Journal of International Criminal Justice (forthcoming) (with Stephen A. Kostas)
  • "Words Fail," The New Republic (May 15, 2006)
  • "Developments in the Foreign Sovereign Immunities Act," The International Lawyer (Summer 2004)
  • "Supreme Court Decides Important Foreign Sovereign Immunity Issues: Dole Food Corp. v. Patrickson," International Law News (Summer 2003) (with Janis H. Brennan)
  • "The Foreign Sovereign Immunities Act," The International Lawyer (Summer 2003)
  • "The Foreign Sovereign Immunities Act and Corporate Subsidiaries of Agencies or Instrumentalities of Foreign States," Berkeley Journal of International Law (Spring 2001)
  • "Judicial Review and the Limits of Prosecutorial Discretion," American Criminal Law Review (Spring 2001)
  • "Chinese Fake Outs," Foreign Policy (March/April 2001)
  • "British Efforts to Influence Kuwaiti Domestic Policy During the Reign of Sheikh Ahmad al-Jaber," Middle Eastern Studies (April 2000)
  • "Employment-Related Crimes," American Criminal Law Review (May 1999)
  • "Beyond Russia: Interview with President Eduard Shevardnadze," Brown Journal of World Affairs (Summer 1995)