Andrew J. Tuck

Partner,

Phone: +1 404 881 7134
Email: andy.tuck@alston.com

As co-lead of the Insurance Team, Andy helps insurers manage complex disputes in and out of court. And his electrical engineering and computer science background, combined with his admission to the patent bar and considerable experience in antitrust and intellectual property licensing, allows him to help technology companies navigate their most difficult legal issues.

Insurance Litigation

Co-lead counsel in arbitration relating to a multibillion-dollar reinsurance trust funding dispute.
Representing various insurers in federal court litigation across the country involving challenges to cost of insurance rates for universal life policies.
Representing insurers in counseling and litigation related to bad-faith “Holt demand” liability, including the briefing and oral argument at the Georgia Supreme Court in First Acceptance Insurance Company of Georgia In c. v. Robert W. Hughes, Jr., No. S18C0517 (Ga.).

Antitrust Litigation and International Arbitration Counseling

Counseling and representing cellular technology owners in global litigation and/or arbitration against potential licensees, typically involving allegations as to breach of antitrust laws or FRAND obligations for more than 15 years.
Representing clients in government merger investigations instituted by the Federal Trade Commission and Department of Justice, including in responding to third-party civil investigative demands.
Representing the owner of standard essential patents against antitrust claims relating to FRAND licensing. Continental Automotive Systems Inc. v. Avanci LLC, et al., No. 5:19-cv-02520 (N.D. Cal.); No. 3:19-cv-02933 (N.D. Tex.); No. 20-11032 (5th Cir.); No. 2021-0066-NAC (Del. Ch.).
Represented the owner of standard essential patents in district court litigation and trial relating to FRAND licensing. Ericsson Inc. v. Apple, No. 2:21-cv-00376 (E.D. Tex.).
Represented a health insurer in antitrust claims relating to reimbursement pricing. VHS Liquidating Trust v. Multiplan, No. CGC-21-594966 (Cal. Superior).
Represented a contractor against antitrust allegations by a previous contractor. John River Cartage Inc. v. Louisiana Generating LLC, NRG Energy Inc., and Headwaters Resources Inc., No. 44406 Div. C (La. Jud. Dist.); John River Cartage, Inc. v. La. Generating, LLC, 300 So. 3d 437 (La. App. 2020).

Represented an airport caterer asserting antitrust claims against a competitor and airport. Carolina Catering Corp., d/b/a Sky Caterers v. Aerostar Airport Holdings, et al., No. 3:19-cv-01130 (D.P.R.).
Represented an opt-out plaintiff in price-fixing litigation relating to optical disk drives. In re Optical Disk Drive Products Antitrust Litigation, No. 3:10-md-02143 (N.D. Cal.).
Represented an opt-out plaintiff in price-fixing litigation relating to LCD screens. In re TFT-LCD (Flat Panel) Antitrust Litigation, No. 3:07-md-01827 (N.D. Cal.).
Represented a defendant against myriad antitrust claims. Camsoft Data Systems Inc. v. Southern Electronics Supply Inc., No. 2019 CA 0739 (La. Ct. App.), No. 12-31013 (5th Cir.).
Representing a carpet manufacturer against antitrust allegations by a jilted dealer. Watson Carpet & Floor Covering Inc. v. Mohawk Industries Inc., No. 3:09-cv-00487 (M.D. Tenn.).
Assisted in defending an airline against price-fixing allegations. In re Delta/AirTran Baggage Fee Antitrust Litigation, No. 1:09-md-02089 (N.D. Ga.), No. 16-16401 (11th Cir.).
Representing multiple clients as antitrust outside counsel to monitor and advise staffs and boards of directors.
Assisting Alston & Bird’s Intellectual Property Group with antitrust issues arising in patent litigation in federal court and the ITC.
Advising clients on antitrust issues arising from current and potential client business practices, including in the health care space and past consent decrees.

Appeals

Litigated appeals in state and federal courts, including Georgia’s appellate courts; the Fifth, Sixth, Ninth, Eleventh, and Federal Circuits; and the U.S. Supreme Court.
Represented a contractor against antitrust allegations by a previous contractor. John River Cartage, Inc. v. La. Generating, LLC, 300 So. 3d 437 (La. App. 2020).
Represented an insurer in briefing and oral argument at the Georgia Supreme Court in a precedent-setting case relating to bad-faith “Holt demand” liability. First Acceptance Insurance Company of Georgia Inc. v. Robert W. Hughes, Jr., No. S18C0517 (Ga.).
Appointed by the Eleventh Circuit Court of Appeals to regularly handle appeals for indigent clients, with three oral arguments securing reversal, as well as mentoring associates handling oral arguments.

Andrew J. Tuck

Insurance Litigation

Antitrust Litigation and International Arbitration Counseling

Appeals

Bar Admissions

Education

Memberships