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

For the past 17 years, Drew has acted for clients in cases before state and federal courts, and domestic and international arbitration tribunals before all major arbitral institutions and in ad hoc disputes. His measured approach focuses on presenting reasonable, credible arguments that emphasize the commercial equities of the case. His cases focus on insurance and reinsurance, energy and infrastructure projects, construction, banking and finance, post-M&A disputes, judgment and arbitral award enforcement, and corporate governance and partnership law. In addition, he frequently handles cases involving foreign governments arising under the Foreign Sovereign Immunities Act (FSIA) and advises foreign liquidators in cross-border matters related to foreign liquidation and insolvency proceedings.

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 coverage dispute concerning claims against 3M and related entities concerning alleged defects in the Combat Arms earplug.
  • Representing ceding company in arbitration over claims for reinsurance recoveries under equipment breakdown treaty.
  • Representing several steel companies in federal lawsuits challenging the Department of Commerce’s denial of exclusions from the Section 232 steel tariffs.
  • Representing international Energy Company in ICDR arbitration concerning disputes over the construction of a Mexican wind farm.
  • 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 in state court litigation in favor of former shareholders of international private security services firm to recover “earnout” bonuses under stock purchase agreement and dismissing counterclaims for fraud.
  • Obtained favorable settlement for international insurance company in coverage dispute regarding the National Hockey League concussion litigation.
  • Obtained first order in favor of steel company finding that the Department of Commerce’s denial of exclusions from Section 232 steel tariffs violated the Administrative Procedures Act.
  • Negotiated settlement for steel company for refund of over $100 million in Section 232 steel tariffs.
  • 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 substantial recovery 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.
  • Obtained substantial award and favorable settlement for international insurance company in related arbitrations concerning reinsurance recoveries for long term environmental losses.
  • 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

  • Key Lawyer (2023)

Subscribe to Updates

Stay informed of Chaffetz Lindsey’s updates, new articles, and events invitations by subscribing to our mailing list.

Subscribe