Andrew S. Gordon

Andy is a commercial litigator with a national reputation in business, antitrust, health care law and appellate work.  Andy also is an expert in state election law issues, having represented a wide array of elected officials and campaigns, including former Arizona Governor Janet Napolitano, Phoenix Mayor Phil Gordon, and number of initiative and referendum campaigns.  He also has considerable expertise from his governmental service in national security legal issues.  Prior to joining the Department of Homeland Security in April, 2009 Andy was listed in Best Lawyers in America in for antitrust, commercial litigation, and health care, in Super Lawyers for commercial litigation, and had an AV rating from Martindale-Hubbell. From April, 2009 to October, 2010, Andy was Counsel to the General Counsel at the U.S. Department of Homeland Security, working primarily on national security issues relating to Guantanamo detention and the Southwestern border.  He also represented DHS on three presidential commissions dealing with national security issues.  

EDUCATION AND BAR ADMISSIONS

• J.D., Northwestern University College of Law, 1973, cum laude
• B.A., Miami University (Ohio), 1970
• Admitted to practice in Arizona, 1974, the Ninth Circuit and United States Supreme Court

REPRESENTATIVE MATTERS

• Antitrust and Class Actions
• Healthcare – Representing the Arizona Hospital and Healthcare Association as well as a number of different hospitals in antitrust litigation and investigations brought by the FTC, Justice Department and State antitrust office; representing hospitals and the Association in private litigation including nurse registry litigation, price fixing, mergers and acquisitions and claims by physicians against hospitals regarding alleged exclusionary practices
• Other Industries – Representing a large number of clients from other industries, including manufacturing, utilities, service sectors, entertainment, and finance in mergers and acquisitions and matters relating to alleged price fixing, boycott, tying, and exclusionary practices
• Antitrust litigation experience includes cases in federal district courts in Arizona, New Mexico, Colorado, California, and Illinois, the United States Court of Appeals for the Ninth Circuit, and the Arizona Superior Court, the Arizona Court of Appeals and the Arizona Supreme Court

• Health Care – In addition to antitrust work, representing a wide variety of hospitals in physician credentialing matters, disputes with payors, contract issues between hospitals and physician practice groups, hospitals regarding commercial lease and real estate matters, and hospitals in negligent credentialing claims brought by patients

• Commercial and Financial Representation – Representing both lenders and borrowers in commercial litigation regarding lending issues, lender liability, lease issues, partnership creation and dissolution, and corporate dissolution, corporate governance issues, and disputes involving accounting firms and accounting issues
• Election Law – Representing a wide variety of elected officials, including Arizona Governor Janet Napolitano, Phoenix Mayor Phil Gordon and numerous members of the Arizona Legislature and city councils throughout the state regarding election law matters; writing and performing related campaign work for initiatives and referenda including Healthy Arizona, Smoke Free Arizona, and Minimum Wage; representing governmental entities, including Pinal County, in election law disputes; serving as lead counsel in a number of reported election law cases, including:
• Hancock v. Bisnar, 212 Ariz. 344, 132 P.3d 283, 2006
• Korte v. Bayless, 199 Ariz. 173, 2001
• Green v. Osborn, 157 Ariz. 363, 1988

• Appellate Work – Serving as primary counsel in a number of appeals, including:
• Sun Health Corp. v. Myers, 205 Ariz. 315 (2003)
• Clouse v. State, 199 Ariz. 196 (2001)
• Goodman v. Samaritan Health System, 195 Ariz. 502 (App. 1999)
• Samaritan Health System v. Superior Court of State of Ariz., 194 Ariz. 284 (App. 1998)
• Pompa v. Superior Court In and For the County of Maricopa, 187 Ariz. 531 (App. 1997)
• CenTrust Mrtg. Corp. v. PMI Mortg. Ins. Co., 166 Ariz. 50 (App. 1990)
• United California Bank v. Prudential Ins. Co., of America, 140 Ariz. 238 (1983)
• Western Waste Service Systems, Inc. v. Superior Court In and For Maricopa County, 120 Ariz. 90 (1978)
• Society of Lloyds v. Borgers, 2005 WL 844614 (9th Cir. 2005)
• Hook v. Arizona Dept. of Corrections, 107 F.3d 1397 (9th Cir. 1997)
• Pace Industries, v. Three Phoenix Co., 813 F.2d 234 (9th Cir. 1987)

• Real Estate and Land Use – Representing municipalities and land owners, including Paradise Valley and Cave Creek, Arizona, in land use litigation

PROFESSIONAL ACTIVITIES AND RECOGNITIONS

• Listed in Best Lawyers in America for Antitrust and Commercial Litigation
(2003-2012)
• Listed in Super Lawyers (Southwest) for business litigation, health care, and antitrust litigation
• Former Chair, Arizona State Bar Association Antitrust Section
• Former board member and Chair of Community Legal Services and Volunteer Lawyers Program
• Former Program Chair, ABA Antitrust Section Healthcare Committee
• Adjunct Professor, National Security Law, 2011-2012, Sandra Day O'Connor College of Law, Arizona State University
• Adjunct Professor, Health Care Law, 2006-08, Sandra Day O’Connor College of Law, Arizona State University
• Adjunct Professor, Health Care Law, 2000-02, W.P. Carey School of Business, Arizona State University

REPRESENTATIVE PUBLICATIONS AND SPEECHES

• Frequent speaker on Arizona election law and author of “Initiative and Referendum Process”.
• Former instructor in trial practice at numerous NITA programs.
• Frequent speaker on antitrust health care issues.