Andrew Poplinger

Partner

Direct
+1 212 257 6939
Fax
+1 212 257 6950
Where Advocacy Meets Business

Clients value Drew for his intense concentration, creativity and enthusiasm.  He is a consummate common law lawyer with a real mastery of contract law principles.  He has become a mainstay of the firm’s insurance and reinsurance and international arbitration practices.

Experience

Drew acts for clients resolving commercial disputes, including in state and federal courts and domestic and international arbitration. His measured approach focuses on presenting reasonable, credible arguments that emphasize the commercial equities of the case. His cases often involve cross-border disputes, and focus on insurance/reinsurance, energy and infrastructure projects, construction, banking and finance, cross-border insolvency, and corporate governance and partnership matters. In addition, he frequently handles judgment and award enforcement actions and matters arising under the Foreign Sovereign Immunities Act (FSIA). Drew is ranked for his expertise in insurance as a “Next Generation Partner” in Legal 500.

Before joining Chaffetz Lindsey, Drew clerked for the Honorable Richard K. Eaton of the United States Court of International Trade.

Representative Matters

  • Representing international insurance company in London-seated arbitration and related state court litigation concerning coverage for mass-tort liabilities related to allegedly defective military earplugs.
  • Advising international insurance company in coverage disputes concerning PFAS liabilities.
  • Representing reinsurer in Bermuda-seated arbitration concerning a captive program for medical malpractice liabilities.
  • Advising investment fund in dispute with Bermudian insurance company concerning sidecar reinsurance transaction.
  • Representing international Energy Company in ICDR arbitration concerning disputes over the construction of a wind farm in Mexico.
  • Obtained favorable settlement for international energy company in action to recover indemnification for replacement of wind turbine lost during construction.
  • Obtained settlements for steel companies securing hundreds of millions of dollars in tariff refunds after successfully challenging the Department of Commerce’s denial of exclusions from Section 232 steel tariffs.
  • Won award in Bermuda-seated arbitration denying reinsurance claims for Covid-related losses.
  • Won summary judgment and affirmance on appeal for international ceding company holding that English law facultative reinsurance contracts covered losses paid on an “all sums” basis.
  • Obtained summary judgment and affirmance on appeal for former shareholders of international private security services firm, securing recovery of $70 million “earnout” bonuses under stock purchase agreement and dismissal of counterclaims for fraud.
  • Obtained favorable settlement for international insurance company in coverage dispute regarding the National Hockey League concussion litigation.
  • Secured award for over $100 million in favor Brazilian construction company in ICC arbitration concerning disputes over the design and construction of offshore oil production vessels.
  • Obtained dismissal of federal lawsuit against international technology company seeking substantial damages for allegedly underpaid software royalties.
  • Won nine-figure award for a Brazilian construction company in ICC arbitration concerning delays and cost overruns in the construction of an offshore oil production unit.
  • Obtained dismissal of federal lawsuit against foreign state seeking to recover possession of Pablo Picasso painting Madame Soler.
  • Successfully defended against rescission of approximately $25 million in mortgage reinsurance coverage in the wake of the financial crisis.
  • Won full relief for reinsurer in arbitration concerning sports-disability coverage for Major League Baseball players.
  • Obtained dismissal of federal lawsuit against foreign sovereign seeking possession of several valuable paintings by Max Beckmann, Juan Gris and Paul Klee.
  • Won summary adjudication in favor of ceding company in arbitration concerning reinsurance recoveries under excess of loss treaties for environmental losses.
  • Obtained substantial award and favorable settlement for international insurance company in related arbitrations concerning reinsurance recoveries for long term environmental losses.
  • Obtained favorable settlement for international insurance company in arbitration over coverage for metal-on-metal hip implant liabilities.
  • Secured favorable settlement for Bermudan liquidators in disputes concerning debtor’s shares in U.S.-based ethanol companies.
  • Obtained a favorable award for the general partner of a power generation facility in AAA arbitration with limited partners concerning partner distributions and tax liabilities.
  • Won dismissal of claims against the Singapore Housing Authority under the Foreign Sovereign Immunities Act.
  • Obtained dismissal in favor of Turkish holding company in action seeking enforcement of a $1 billion foreign arbitral award.
  • Won favorable arbitration award for investment fund terminating its management agreement with an international luxury hotel operator.

Publications

Speaking Engagements

  • “Does London market reinsurance cover U.S. “all sums” losses?,” Fall ARIAS Conference, (November 2023).
  • “Virtual Arbitration and Mediation of Complex Case: Lessons Learned,” Silicon Valley Arbitration and Mediation Center, (October 2020).
  • “Arbitration after the COVID-19 Pandemic: a New Dawn or Business as Usual?” International Association of Lawyers (UIA), (May 2020).
  • “Enforcement and Recognition of Foreign Judgments and Insolvencies: Global Perspectives,” Asset Recovery Americas Conference, Panelist.
  • “Recent Case Developments in Insurance and Reinsurance,” ARIAS U.S. Spring Conference, (May 2018).

Credentials

Education

  • J.D., Albany Law School summa cum laude
  • B.A. and M.A., State University of New York at Albany

Bar Admissions

  • New York
  • Texas
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of International Trade
  • United States Court of Appeals for the Federal Circuit

Recognition

Legal 500 USA

  • Next Generation Partner

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