FacultyFaculty/Author Profile

Andrew B. Kratenstein

McDermott Will & Emery LLP

New York, NY, USA


Andrew Kratenstein is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm's New York office. 

Andrew's diverse commercial litigation practice focuses on complex securities-related and contract disputes.  Representative matters include:

  • Prosecution of claims by a financial institution seeking recovery on derivatives contracts in two separate cases and obtained pre-discovery summary judgment in both cases.
  • Prosecution of claims by the Federal Deposit Insurance Corporation as receiver of a bank against the bank's parent company.
  • Prosecution of claims by a national bank seeking to invalidate a New York State agency's action as preempted under the Supremacy Clause of the United States Constitution.
  • Defense of beer suppliers/importers against claims of wrongful termination by distributors.
  • Defense of real estate investment trust and individuals against securities laws claims.
  • Representation of an international auditing firm in an investigation by U.S. and foreign authorities concerning alleged foreign corrupt practices by the audit client.
  • Defense of a financial institution in all bankruptcy and securities litigation related to a bankrupt major energy company.
  • Defense of a prime broker against claims that the broker had wrongfully caused a hedge fund to liquidate its portfolio.
  • Defense of acquiring companies in actions brought by target companies seeking to enjoin tender offers under the Williams Act.
  • Defense of a major technology company against patent infringement claims.
  • Prosecution of First Amendment claims by a prominent law school faculty against the United States Department of Defense.

Andrew is also active in the Firm's pro bono program. Among other matters, he has handled appeals of abused, neglected or abandoned immigrant children who have been denied the ability to apply for Special Immigrant Juvenile Status. See Matter of Emma M., 902 N.Y.S.2d 651 (2d Dep't 2010); Matter of Antowa McD., 50 A.D.3d 507 (1st Dep't 2008).

Andrew serves as faculty member for the Practicing Law Institute's annual symposium on Best Practices for Complex Cases. He has also authored or co-authored the following publications:

  • Defending Auditors at the Pleading Stage, 5 BNA TAX AND ACCOUNTING, ACCOUNTING POLICY & PRACTICE REPORT 753 (Aug. 21, 2009) (co-author)
  • Controlling Opt Outs and Coordinated Cases:  SLUSA, The All Writs Act, and CAFA, Managing Complex Litigation 2008:  Legal Strategies and Best Practices in "High Stakes" Cases, 786 PLI/LIT 155 (Nov. 11, 2008)
  • Creative Tools for Streamlining the Process, Managing Complex Litigation:  Legal Strategies and Best Practices in "High Stakes" Cases, 751 PLI/LIT 61 (Nov. 2006) (co-author)
  • Recent Legislation: Campaign Finance Reform, 36 HARV. J. ON LEGIS. 219 (1999)

Before beginning his practice, Andrew served as a law clerk for the Honorable Richard W. Roberts of the United States District Court for the District of Columbia.

During law school, Andrew served as an intern in the United States Attorney's Office Drug and Organized Crime Task Force.  He was also an editor for the Harvard Journal on Legislation. 

Andrew is admitted to practice in New York and before the United States Court of Appeals for the Second Circuit, the Southern District of New York and the Eastern District of New York. He is also a member of the New York City Bar Association.

Practice Areas & Industries

  • Class Action
  • Electronic Data Management, Privacy & Discovery
  • Financial Services Litigation
  • Securities Litigation
  • Trial
  • Appellate

Education

  • Harvard Law School, J.D. (cum laude), 1999
  • Cornell University, B.A. (Phi Beta Kappa), 1996
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