Andrew Gordon

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Andy is a seasoned senior litigator with 40 years of experience and a national reputation in business, antitrust, health care law, government contracting, and procurement and appeals. He is also one of Arizona’s best-known experts in election law, having represented a wide array of elected officials and campaigns, including former Arizona Governor Janet Napolitano, Phoenix Mayor Phil Gordon, and a number of initiative and referendum campaigns. He also is a Judge Pro Tem on the Maricopa County Superior Court.

Additionally, Andy has considerable expertise from his governmental service in national security legal issues. From April 2009 to October 2010, he served as Counsel to the General Counsel at the U.S. Department of Homeland Security, working primarily on national security issues relating to Guantanamo and the Southwestern border. He is also an adjunct professor at the Sandra Day O’Connor School of Law at Arizona State University where he teaches national security law and foreign relations law.

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

  • 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.
  • Representing non-profit health care systems regarding State approvals in mergers and acquisitions.

 

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

  • Represented a wide variety of Government officials, including Arizona Governor Janet Napolitano, Phoenix Mayor Phil Gordon, Commissioner Linda McNulty, Arizona Independent Redistricting Commission, and numerous members of the Arizona Legislature and city councils throughout the state regarding election law and open meeting 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
  • Bentley v. Building Our Future, 217 Ariz. 265 (Ariz. App. 2007) successfully defending against charges that political advertisement violated election law
  • Arizona State Legislature v. Arizona Independent Redistricting Com’n, 135 S. Ct. 2652 (2015) amicus supporting Arizona Independent Redistricting Commission
  • Arizona Clean Elections Com’n v. Brain, 234 Ariz. 322 (2014) amicus for Arizona Chamber of Commerce successfully supporting trial court decision

 

Real Estate and Land Use

  • Representing municipalities and land owners, including Paradise Valley and Cave Creek, Arizona, in land use litigation.

 

Government Contracting and Procurement

  • Representing a variety of clients, including major health plan providers, in responding to, defending and challenging procurements, including successfully defending the largest health care bid challenge in Arizona history.

Awards & Recognitions

  • Best Lawyers® in America for Antitrust Law, Commercial Litigation, Administrative/Regulatory Law, Health Care Law (Antitrust, and Litigation-Health Care)
  • Best Lawyers® in America for Phoenix Litigation-Health Care Law “Lawyer of the Year” (2017)
  • Best Lawyers® in America for Phoenix Antitrust Law “Lawyer of the Year” (2013)
  • Super Lawyers (Southwest) for Business Litigation, Health Care, and Antitrust Litigation
  • Martindale-Hubbell® AV Preeminent Rated

Activities & Memberships

  • Adjunct professor, Sandra Day O’Connor College of Law, Arizona State University, National Security Law (2011-2015) and Foreign Relations Law (2016)
  • Adjunct Professor, Health Care Law, 2000-02, W.P. Carey School of Business, Arizona State University
  • Member, TREC-Training Resources for the Environmental Community Board of Directors (2012 to present)
  • Member, The Leukemia and Lymphoma Society Arizona Chapter Board of Directors
  • Former Chair, Arizona State Bar Association Antitrust Section
  • Former Program Chair, American Bar Association Antitrust Section Health Care Committee
  • Former Board Member and Chair of Community Legal Services, Volunteer Lawyers Program
  • Former Board Member and Officer, The Sonoran Institute, The New Shul Scottsdale Arizona, Temple Solel Paradise Valley Arizona

Education & Admissions

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