Andrew Guthrie
As a pastor’s son and former aspiring sportscaster, Andrew Guthrie knows the value of grabbing – and keeping – an audience’s attention. His clients appreciate that he brings this skill to their cases, whether in briefs to the appellate court or arguments to the jury. But Andrew also knows that once that attention is earned, substance is paramount. So he works with clients to identify and communicate their most important arguments in clear, thorough, and ultimately effective ways.
Andrew focuses his practice on appeals and critical trial court briefing across an array of subject matters in business disputes and government investigations, including issues involving insurance coverage, bankruptcy, energy, products liability, intellectual property, and the False Claims Act.
Through in-depth analysis of a case’s most important legal and factual questions and his natural ability to clearly communicate those points to a judge or a jury, Andrew consistently provides effective representation to his clients no matter the case or the stage. He was named “Appellate Lawyer of the Week” by Texas Lawyer (ALM Media Properties, LLC) after successfully arguing a First Amendment case to the Fifth Circuit, despite being retained mere weeks before oral argument. Andrew has also been recognized by Texas Super Lawyers in 2023 and as a “Rising Star” in 2016-2021 (Thomson Reuters) and, in 2020, he received the Rosner & Rosner Young Lawyer Professionalism Award from the American Bar Association’s Center for Professional Responsibility.
Andrew’s recent work includes:
- Reversing summary judgments and securing insurance coverage in multiple separate appeals on behalf of corporate policyholders
- Securing dismissal on the pleadings of a False Claims Act lawsuit arising out of the development and testing of a Covid-19 vaccine
- Persuading the Fifth Circuit to affirm the dismissal of a False Claims Act lawsuit under the FCA’s “first-to-file rule” and persuading the United States Supreme Court to deny two related petitions for certiorari
- Prevailing in two high-profile appeals for the National Football League by securing affirmance of take-nothing summary judgments in the Dallas Court of Appeals and persuading the Texas Supreme Court to deny review
- Obtaining mandamus relief from the Dallas Court of Appeals to dismiss all claims against a faith-based school under the First Amendment ecclesiastical abstention doctrine
Away from the office, Andrew serves as a deacon at his local congregation and as a member of the board of directors for Christian Unity Ministries.
- Appointed by the Texas Supreme Court to serve on the Professional Ethics Committee for the State Bar of Texas, 2017-2023
- Barrister, Higginbotham Inn of Court, 2019-2022
- Associate, Patrick Higginbotham Inn of Court, 2017-2018
- Included in the "Ones to Watch" category of Best Lawyers in America, Woodward/White, Inc., 2022-2024
- Recognized by The Legal 500, U.S., Legalese, 2022
- Selected for inclusion in Texas Super Lawyers, Thomson Reuters, 2023
- Selected for inclusion in Texas Super Lawyers Rising Stars, Thomson Reuters, 2016-2021
- Named “Appellate Lawyer of the Week” by the Texas Lawyer, February 2016
Education
J.D., Baylor University School of Law, 2011, valedictorian, summa cum laude; Managing Executive Editor, Baylor Law Review
B.J., Broadcast Journalism, University of Missouri, 2008, magna cum laude
Clerkships
Judicial Clerk to the Honorable Don Willett, Texas Supreme Court (2011-2012)
Admissions
Texas
Persuaded the Texas Supreme Court to deny review of two separate petitions for review (and a motion for rehearing) in an oil-and-gas dispute about the scope of a tax foreclosure deed
Persuaded the Fifth Circuit to affirm the dismissal of relators’ claims under the False Claims Act’s first-to-file rule and the denial of statutory attorney’s fees; also persuaded the United States Supreme Court to deny two related petitions for certiorari.
Persuaded the Fifth Circuit to reverse summary judgment finding that insurance company owed no duty to defend in a novel case arising out of an alleged data breach.
Persuaded the Dallas Court of Appeals to grant mandamus relief and prevent the production of privileged documents, which the trial court had erroneously ordered produced under the crime-fraud exception to the attorney-client privilege.
Obtained summary judgment on behalf of large manufacturer in lawsuit alleging design defect, manufacturing defect, and failure to warn.
Persuaded the Texas Supreme Court to vacate a $16.5 million judgment and deny injunctive relief in a highly contentious trade secret dispute. The suit was filed after the assets of a partnership, EMC Products, LP, were sold to our client VHSC in a foreclosure sale. Following the foreclosure, EMC Pr [...]
Represented client injured on the job in a unique "appellate arbitration" proceeding arising from a $15 million arbitration award in our client's favor. After the defendant-employer appealed the initial award to a second arbitrator (per the parties' arbitration agreement), Haynes and Boone briefed [...]
Filed amicus brief with the US Supreme Court regarding the constitutional impact of the religious expression of private parties on government property, resulting in the appellate court judgment being vacated and reversal of the adverse district court judgment.
Successfully represented the NFL in affirming a take-nothing summary judgment in the second of several lawsuits filed by a fantasy football convention co-owned by former Dallas Cowboys quarterback Tony Romo. The Dallas Court of Appeals found that there was no evidence the NFL tortiously interfered w [...]
The False Claims Act continues to be one of the most commonly used weapons in the government’s enforcement arsenal to address various forms of fraud. This review highlights key developments from 2023 related to the FCA, including: The recovery by the government of nearly $2.7 billion in settlements and judgments in FCA cases in fiscal year 2023—$450 million more than the previous fiscal year’ [...]
