Andrew J. Enschedé

Andrew J. Enschedé focuses on the representation of multinational companies, traditional commercial litigation, arbitration, mediation, and the representation of policyholders. He has more than 25 years of experience in the practice of law and has also worked in an executive capacity for a multinational company with operations in China, New Zealand, Australia, the United States, and Europe. He brings a practical business-like approach when advising clients, stays close to business operations to provide legal advice consistent with business needs, and is particularly aware of cultural differences in the business and legal traditions of Europe and the United States.

In the policyholder area, Andrew advises on major insurance coverage disputes and negotiates and writes manuscript insurance policies. He has represented major multinationals in the oil and gas, chemical, food, and manufacturing industries in coverage issues involving environmental and asbestos liabilities and has played a pivotal role in recovering hundreds of millions of dollars for clients. He also regularly advises policyholders regarding insurer insolvencies, monitors developments surrounding insurance carriers, and advises on the effects of corporate transactions in relation to historic insurance policies, past liabilities, and go-forward coverage programs.

Andrew also has developed a niche practice involving the representation of foreign companies, particularly out of The Netherlands. He was involved with bringing Dutch companies with expertise in water management to work in Louisiana following Hurricane Katrina. He also regularly represents Dutch companies that wish to form subsidiaries to promote their United States interests and business. In that vein, he handles and coordinates corporate formation, employment issues, interplay with foreign controlled parents, taxation issues (including transfer pricing) and contract negotiations. Andrew speaks two languages fluently (Dutch and English) and is proficient in both German and French.

He also maintains a general litigation practice representing companies and individuals in a wide variety of commercial disputes, including minority shareholder claims, sale of goods issues under UCC Article 2, and fraud allegations.

Representative Experience

Insurance

• Handled insurance coverage litigation and provided insurance coverage advice to multiple Fortune 500 companies, including liabilities arising from operations in Europe and the Middle East
• Provided coverage advice for liabilities arising from environmental, asbestos, construction, and Workers' Compensation claims, including loss portfolio transfer and guaranteed cost program products for major media company
• Provided advice concerning the creation of trusts using insurance assets for a major oil and gas Fortune 100 company
• Provided advice to a high-profile media company, oil and gas company, and major manufacturers of large industrial equipment concerning cut-through possibilities to reinsurance of insolvent carriers
• Counseled clients, including veterinary health providers, concerning acquisitions of insurance and structuring risk management programs
• Advise on D&O, E&O, General Liability and Rep and Warranty insurance coverages and negotiate endorsements and terms and conditions.

Litigation

• Represented oil and gas, fast-moving consumer goods, and major industrial manufacturers in all phases of litigation, including discovery and trial
• Served as principal negotiator and drafter of multiple settlements in complex litigation for fast-moving consumer goods companies and an oil and gas company
• Represented a municipality in connection with an adversary proceeding filed against the bankruptcy estate of a cable company resulting in settlement of $56 million
• Represented minority shareholders in claims against majority shareholders
• Represented a manufacturer of specially manufactured goods in a contractual dispute against a purchaser
• Represented commercial buyer in UCC dispute involving electronic signatures and reasonable expectations - International Casings Group, Inc. v. Premium Standard Farms, Inc., 358 F. Supp. 2d 863 (WD Mo. 2005)

Corporate

• Represented a Dutch real estate company in the dissolution of a joint venture with a US-based company
• Represented a Netherlands engineering and consulting firm engaged in post-Katrina consulting and other infrastructure projects
• Represented a Dutch food producer in connection with various US ventures
• Represented a Dutch general contractor in connection with various contract negotiations with US corporations
• Advised multiple foreign companies on corporate governance and corporate law, corporate disclosures, document management and retention, and subsidiary management