Andrew J.Bentz

Partner

Washington + 1.202.879.3677

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Andrew Bentz provides strategic counseling and advice to clients on compliance with state and federal regulations, including FDA (Food and Drug Administration) policies. He routinely advises clients subject to FDA regulations in critical areas of their businesses, including developing legal strategies and maneuvering through complex regulatory matters such as issues involving premarket submissions. Andrew also represents clients seeking to challenge federal, state, and local government overreach. He has assisted clients across the country in litigation seeking to set aside laws and regulations on constitutional and statutory grounds. He is able to work with clients at every level, from state trial court to the U.S. Supreme Court.

In addition to his focus on FDA regulatory litigation and counseling, Andrew has represented Fortune 100 companies, political campaigns, and criminal defendants. Andrew has argued several appeals in federal appeals courts and the South Carolina Supreme Court, drafted briefs to the U.S. Supreme Court, and developed winning case strategies for clients. Through those cases Andrew has developed substantial experience in constitutional issues, administrative law, statutory interpretation, and election law.

Prior to joining Jones Day, Andrew served as a law clerk in the U.S. Supreme Court and Ninth Circuit Court of Appeals.

Experience

  • Efrain Lora secures unanimous Supreme Court win for judicial discretion in criminal sentencingOn behalf of Efrain Lora, Jones Day urged the U.S. Supreme Court to resolve the confusion surrounding an important criminal sentencing statutory interpretation matter.
  • R.J. Reynolds Vapor Company and e-cigarette retailers successfully move to stay FDA's marketing denial order for menthol-flavored e-cigaretteAt the request of Jones Day clients including R.J. Reynolds Vapor Company, the U.S. Court of Appeals for the Fifth Circuit stayed the U.S. Food and Drug Administration's marketing denial order for the menthol-flavored Vuse Vibe e-cigarette.
  • U.S. Senator Mitch McConnell files amicus brief in Free-Speech caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of U.S. Senator Mitch McConnell, in support of appellees in an important free-speech case.
  • LowerMyBills wins appellate victory in arbitration caseJones Day secured a significant appellate victory in the Ninth Circuit for the Firm's client LowerMyBills ("LMB") Mortgage Services, Inc.
  • Tobacco manufacturers challenge City of Edina's ban on flavored tobacco productsJones Day recently filed a federal lawsuit on behalf of R.J. Reynolds Tobacco Company and other clients that challenges a City of Edina, Minnesota ordinance banning flavored tobacco products.
  • Tobacco manufacturers challenge LA County's ban on flavored tobacco productsJones Day recently filed a federal lawsuit on behalf of R.J. Reynolds Tobacco Company and other affiliated clients challenging a County of Los Angeles ordinance that bans flavored tobacco products.
  • Bridget Kelly obtains Supreme Court decision unanimously reversing "Bridgegate" convictionsIn a victory for Jones Day client Bridget Kelly, the Supreme Court unanimously reversed Ms. Kelly's convictions for federal property fraud, decisively rejecting the Department of Justice's legal theory.
  • Fidelity obtains dismissal of all claims relating to alleged filing of suspicious activity report, affirmed by First CircuitJones Day obtained a significant victory on behalf of Fidelity Brokerage Services, LLC in a lawsuit brought by two former Fidelity customers and their investment advisor.
  • Jones Day secures third-in-a-row victory defeating bankrupt law firms' claims over former clients' mattersOn February 13, 2020, the D.C. Court of Appeals unanimously ruled in favor of Jones Day in the years-long lawsuit brought by the bankruptcy estate of Howrey LLP asserting claims for so-called "unfinished business."
  • Sheldon Silver obtains partial reversal of public corruption conviction and reduced sentenceJones Day represented Sheldon Silver, former Speaker of the New York State Assembly, on appeal and at re-sentencing in a high-profile public corruption case before the Second Circuit Court of Appeals and the Southern District of New York.
  • Ninth Circuit rules magistrate judges cannot dismiss IFP complaints without serving defendantsThe Ninth Circuit held it was unlawful for magistrate judges to dismiss in forma pauperis claims without ever serving defendants, even though this practice has gone unchecked for decades.
    • View All

    March 2021 Reprint

    Sheldon Silver Case Highlights Renewed Questions About the Hobbs Act (Bloomberg Law)

    August 2017 Commentary

    Personal Jurisdiction: A New Battlefront in Corporate Criminal Cases

    October 2016 Alert

    Ninth Circuit Affirms Class Decertification Order But Reverses Summary Judgment in "All Natural" Foods Label Case

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