Andrew Cary is a partner in the San Francisco office who specializes in representing businesses and individuals in a broad range of complex litigation matters, including cases involving drug and medical device product liability, toxic tort matters, actions, False Claims Act, business disputes, breach of contract and professional liability. He has extensive experience with motion practice, deposition discovery, dispositive motions, major document discovery, alternative dispute resolution, including mediation, FINRA and FIFRA arbitrations and trial preparation.

In addition to his substantial litigation experience, Mr. Cary has spent significant time providing consulting advice to businesses relating to regulatory compliance matters in the field of drugs and medical devices. He has extensive experience in regulatory matters relating to the advertising and promotion of pharmaceutical products. Mr. Cary is is co-chair of the Electronic Discovery Group at Gordon & Rees. He also enjoys conducting CLE presentations on various topics with a focus on key regulatory issues related to drugs and medical devices as well as deposition discovery during litigation.

Admissions

California
California Supreme Court
U.S. District Courts, California

Memberships

In 2007, Mr. Cary completed the International Association of Defense Counsel’s Trial Academy in Palo Alto, California.  Mr. Cary is a current member of the International Association of Defense Counsel. He is also a member of the Emerging Leaders Program for the United Way of the Bay Area.

Community Involvement

Mr. Cary is an avid supporter of giving to charitable organizations and he is in charge of Gordon & Rees's annual campaign of giving to the United Way.

Representative Experience

Examples of Mr. Cary's experience include the following:

• Obtained one of the first summary judgments with regard to federal preeemption in a medical device case following the Supreme Court’s decision in Reigel v. Medtronic, Inc. (Vivas v. Edwards Lifesciences LLC, Superior Court of California, County of San Francisco, Case No. CGC-07-467784). 
• Participated in many single plaintiff and multi plaintiff case trial teams in mass tort litigation involving cosmetics products.
• Authored literature analyzing cardiopulmonary injuries claimed by plaintiffs in mass tort litigation and evaluating potential alternative causes for those injuries which have been relied upon by attorneys nationwide in preparing cases for fact witness deposition discovery, expert witness deposition discovery and trial.
• In separate cases set for trial in 2009 for the same client, one involving a claim of a product defect in the design of a circular saw and the other involving a plaintiff suing the manufacturer of brake products allegedly responsible for the plaintiff’s mesothelioma, obtained dismissals of each of the cases immediately before trial without the payment of any money to plaintiffs.
• Retained in several mass tort litigations to prepare company witnesses and experts from various fields for deposition discovery and trial.
• Advised Silicon Valley technology companies with regard to interpretation of FDA regulations pertaining to drugs and medical devices and application of those regulations to the advertising of products on the Internet and media sources similar to the Internet.

Publications

• Use of Personal Devices for Work Can Lead to Costly E-Discovery Disputes, Daily Journal (January 12, 2017)
• Drug & Medical Device Defense: 10 Tips When Criminal Activity is Involved, For The Defense (October 2010)