Andre Hanson
Andre Hanson

Andre Hanson

Specialized Practice Lawyer

Email

andre.hanson@aoshearman.com

Phone

+1 512 647 1935

Offices

Austin

V-CARD
For almost 30 years Andre has represented domestic and international clients in advertising and unfair competition litigation under the Lanham Act and state laws, as well as in other complex commercial and intellectual property disputes.

He advises companies in an array of industries, with a focus on life sciences, including pharmaceutical and medical device companies.

A seasoned litigation attorney, Andre has successfully prosecuted and defended disputes involving false advertising, unfair competition, trademark and patent infringement, as well as antitrust, labor and employment suits, product liability, and contract disputes in courts across the country. He also represents clients in government investigations, arbitrations, and NAD proceedings.

From 1995-1998, Andre served as a law clerk for the Honorable Frank J. Magill, United States Circuit Judge for the Eight Circuit Court of Appeals. From 1989-1991, Andre served as a Peace Corps volunteer in Honduras.

Expertise

Industries

Experience

Representative matters

  • A leading precision oncology company against a competitor for false advertising and unfair competition under the Lanham Act. After a 3-week trial, a jury unanimously awarded our client a $292.5 million verdict, including $175.5 million in punitive damages, representing one of the largest Lanham Act false advertising verdicts ever rendered. The jury also unanimously rejected the defendant’s counterclaims.
  • The leading US producers of oil and gas pipeline components against a foreign competitor falsely advertising its products as ASTM compliant. After a 2- week trial, the jury entered a unanimous, multi-million dollar verdict for our clients and the court subsequently entered a permanent injunction and recall.
  • World leading food company against a competitor falsely advertising its products as equivalent to the clients’ branded prescription medical foods. After a two-week jury trial, the case settled on favorable terms, including a significant seven-figure payment to the client.
  • A leading producer of functional foods and nutritional supplements in a consumer class action. After allowing the plaintiff to replead its case, the court dismissed the amended complaint against our client with prejudice.
  • A major outsourcing facility producing sterile compounded drugs against a competitor alleging that that our client’s ready-to-administer surgical drug violated FDA rules. After considering our client’s motion to dismiss as well as statements from the FDA, the court dismissed the complaint with prejudice. The 9th Circuit affirmed the ruling in a significant decision.
  • The global leader in non-invasive cancer testing and bioinformatics against a competitor that disparaged the client’s testing and falsely claimed to offer a superior test. After accelerated discovery in preparation for a preliminary injunction hearing, the case settled on favorable terms, including a significant payment to the client.
  • The developer of a genetically engineered forage crop against a competitor falsely claiming its conventional seed offered similar benefits to the client’s. After discovery, the case settled on favorable terms for the client.
  • A Europe-based pharmaceutical company in a qui tam action brought by a former employee who alleged the client’s marketing of its leading products was misleading. After delivering a presentation to the California Department of Insurance, the state elected not to intervene. The case later settled for less than defense costs.
  • Major international pharmaceutical company against competitors that falsely advertised allegedly “generic” versions of the client’s brand name pancreatic enzyme drugs. Following unsuccessful dispositive motions by defendants, the case settled on terms favorable to the client.
  • Pharmaceutical and medical device companies in MDL proceedings in federal district court, including a medical device company in a product liability MDL involving pelvic mesh. Assisted in developing expert witnesses, preparing cases for trial, addressing motion practice, and assisting in resolving matters on terms favorable to the client.
  • A major rail company in an employment dispute involving drug testing. Obtained grant of summary judgment resolving suit.
  • A major airline in district court and on appeal in a class action suit alleging a violation of Section 7 of the Clayton Act. Trial court granted summary judgment in favor of client, which was affirmed on appeal.
  • A major airline in a purported class action alleging violation of contract law. Achieved a dismissal based on the Airline Deregulation Act's preemption clause, which was affirmed by the Minnesota Court of Appeal.
  • A major sports team in litigation and on appeal in a case involving lease dispute with landlord. Case resolved on terms favorable to the client.

Pro bono

  • In both first-and-second chair roles, Andre has represented a number of asylum petitioners in proceedings in Immigration Court, on appeal to the Board of Immigration Appeals, and in the Eighth Circuit Court of Appeals.
  • In addition, Andre was part of the team that succeeded in obtaining habeas relief for a Texas death row inmate.
  • Andre previously served as a member of the Minnesota Governor’s Council for Developmental Disabilities.

Published Work

  • Co-author, "'Milking' The 1st Amendment to Defend Food Label Claims," Law360
  • Co-author, "2nd Circ. Creates Confusion for FDA-Vetted Marketers," Law360
  • Co-author, "Cause and Effect? Assessing Postmarketing Safety Studies as Evidence of Causation in Products Liability Cases," Food and Drug Law Journal 

Leadership Positions And Professional Affiliations

  • Minnesota State Bar Association
  • Texas State Bar Association 

Awards

  • Lawyer in Private Practice Outstanding Service Award, Minnesota Justice Foundation
  • Fellow, Council on Legal Education Opportunity
  • Rising Star, Law and Politics (now Thomson Reuters) 

Qualifications

Admissions

Attorney-at-Law, Minnesota

Attorney-at-Law, Texas

Courts

United States Supreme Court

United States Court of Appeals for the Eight Circuit

United States District Court for the District of Minnesota

United States District Court for the Western District of Wisconsin

Academic

B.S. University of Wisconsin—River Falls (1984)

J.D. University of Minnesota (1995) (magna cum laude, order of the coif)

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.