Andrew Goldsmith has represented clients in the financial, telecommunications, and technology industries, appearing on behalf of plaintiffs and defendants in state and federal court. He has also represented corporate and individual clients in government investigations, including investigations by the Department of Justice, the Securities and Exchange Commission, and state regulatory agencies.
Prior to joining Kellogg Hansen, Mr. Goldsmith was an Assistant United States Attorney in the Eastern District of New York, where he served in the General Crimes and Violent Crimes and Terrorism sections. Among other responsibilities, he was lead counsel in jury trials and briefed and argued appeals before the U.S. Court of Appeals for the Second Circuit. In 2010, he and several of his colleagues received the Director’s Award for Superior Performance by a Litigative Team from the Executive Office for United States Attorneys for their work prosecuting Sri Lankan terrorists.
Mr. Goldsmith graduated cum laude from Harvard Law School, where he was President of the Harvard Journal on Legislation. After law school, he clerked for the Honorable Reena Raggi on the U.S. Court of Appeals for the Second Circuit.
Cabrera, et al. v. Black & Veatch Special Projects Corp., et al. – Represents service members, civilians, and their families in an Anti-Terrorism Act case against eight corporations with business interests in Afghanistan.
Atchley, et al. v. AstraZeneca UK Limited, et al. – Represents service members, civilians, and their families in an Anti-Terrorism Act case against Johnson & Johnson, Pfizer, GE, AstraZeneca, and Roche arising out of their activities in Iraq.
In the Matter of Certain High-Density Fiber Optic Equipment and Components Thereof, USITC Inv. No. 337-TA-1194 (Judge David P. Shaw, March 23, 2021) – Represented complainant in obtaining a Final Initial Determination of violation and a recommended general exclusion order against all respondents and other importing infringers. Judge Shaw found a violation with respect to all asserted patents and all accused products after the International Trade Commission’s first virtual evidentiary hearing.
Represented corporate and individual affiliates of AR Capital, LLC in individual and class action securities fraud cases, derivative litigation, and government investigations arising out of the restatement by American Realty Capital Properties, Inc. of previously issued financial statements.
Represented Verizon in a publicly-disclosed investigation by the New York Attorney General of broadband speed marketing by all major carriers. The investigation concluded without the AG filing an enforcement action against Verizon and without Verizon having to pay monetary fines or restitution.
Represented National Credit Union Administration, as liquidating agent, in lawsuits against defendants including Goldman Sachs, Credit Suisse and UBS, regarding claims that defendants violated securities laws in conjunction with the issuance of residential mortgage-backed securities. Each case settled before trial. (S.D.N.Y.; D. Kan.; C.D. Cal.)
BNYM Foreign Exchange Litigation – Represented Bank of New York Mellon in lawsuits alleging that BNYM violated federal mail and wire fraud laws, state False Claims Acts, and fiduciary and contractual duties through its provision of foreign exchange services.
U.S. Bank National Association v. Verizon Communications Inc., 2013 WL 230329 (N.D. Tex. Jan. 22, 2013), aff’d, 761 F.3d 409 (5th Cir. 2014) – Member of trial team that successfully defended Verizon against fraudulent transfer and other claims arising out of the spinoff of Idearc, Inc.
United States v. Grimm, 738 F.3d 498 (2d Cir. 2013) – Obtained reversal of conviction for conspiracy to commit wire fraud in connection with guaranteed investment contracts for municipal bond proceeds.
Louisiana Pacific Corporation v. Money Market 1 Institutional Investment Dealer – Brought federal and state securities law claims and common law claims on behalf of an institutional investor against an investment bank and investment broker arising from the purchase of auction rate securities.
Represented individuals in Department of Justice export control investigation.
5th Circ. Adds To Split On Review Of Jury Instruction Errors, Law360 (February 21, 2018)
9th Circ. Raises The Bar On Misprision Of A Felony, Law360 (June 23, 2017)
The Bill for Rights: State and Local Financing of Public Education and Indigent Defense, 30 N.Y.U. Rev. L. & Soc. Change 89 (2005)
The Void-for-Vagueness Doctrine in the Supreme Court, Revisited, 30 Am. J. Crim. L. 279 (2003)
Recent Development, Criminal Gang Abatement Act, 39 Harv. J. on Legis. 503 (2002)
Harvard Law School, J.D., cum laude, 2004
- President, Harvard Journal on Legislation, 2003-2004
Brown University, A.B., Highest Honors in History, 1999
Law Clerk, Judge Reena Raggi, U.S. Court of Appeals, Second Circuit, 2004-2005
Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of New York, 2008-2011