Andrew B. Fromm

Member

• Location: Birmingham, Michigan
• Phone: 248-971-1724
• Fax: 248-971-1801
• Email: Fromm@BWST-Law.com

Andrew Fromm is a litigation partner and commercial counselor who specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and recall litigation, and state and federal compliance issues including NHTSA.  Andrew has successfully represented and counseled clients in a significant number of state and federal lawsuits, arbitrations, and multiple consumer class actions.  Andrew also has extensive experience representing international Fortune 500 corporations, automotive companies, manufacturing companies, and private clients throughout all phases of complex litigation involving product liability, wrongful death, negligence, contract, warranty, indemnity disputes, insurance-coverage disputes, and compliance and regulatory issues involving various state and federal agencies.  Andrew routinely counsels C-suite executives and senior management on contract and commercial strategies to achieve business goals, minimize risk, and resolve disputes. Andrew understands the challenges and objectives of management teams and business professionals. Prior to law school, Andrew worked as a structured-finance analyst for U.S. Bank in Boston, MA.

Andrew has been selected for inclusion in the 2023 and 2024 Michigan Super Lawyers and the 2016, 2017, 2018, 2019, 2020 and 2021 Michigan Super Lawyers – Rising Stars lists for his work in business litigation, Crain’s Detroit Top Young Rising Attorneys in Michigan 2019, and Hour Detroit Top Lawyers of Michigan – Rising Stars 2021.   Andrew is admitted to practice in Illinois and Michigan.  Prior to joining BWST, Andrew was a litigation associate at Kirkland & Ellis LLP in Chicago, Illinois and a Senior Counsel at Foley & Lardner LLP in Detroit, Michigan.  Andrew also gained five years of formal trial training by the Kirkland Institute of Trial Advocacy.

Recent Experience Includes:

• Obtained reversal of trial court’s grant of summary judgment in multi-million dollar business contract dispute in the Michigan Court of Appeals and favorable resolution in the trial court on remand.
• Obtained favorable resolution for tier 1 supplier of field action, warranty, recall, and consumer class-action claims in excess of $300 million brought by an OEM.
• Drafted EV software and systems development, engineering services and production supply agreements for tier 1 supplier with an electric vehicle (EV) OEM.
• Obtained summary judgment and affirmed on appeal for tier 1 automotive supplier in lawsuit filed by OEM seeking contractual indemnification for claimed damages in excess of $30 million and millions more in claimed attorneys’ fees and costs.
• Obtained favorable resolution of alleged breach of warranty claims for tier 1 automotive supplier asserted by OEM for claimed damages in excess of $40 million.
• Obtained summary judgment and affirmed on appeal for tier 1 automotive supplier on all counts, including breach of contract and business tort claims, relating to alleged breach of a long-term supply agreement.
• Counseled and negotiated design, development and supply agreements, including limited liability and warranty provisions for the supply of machine learning systems and tech products by tier 1 supplier, and agreements with electric vehicle OEMs.
• Defeated motion for preliminary injunction and motion to intervene seeking the continued supply of engine components on behalf of publicly-traded tier 1 automotive supplier.
• Obtained judgment for nearly $1 million in damages for breach of settlement agreement.
• Successfully compelled critical third-party discovery for heavy-duty truck manufacturer’s use at trial on claims brought by U.S. DOJ seeking approximately $300 million in damages.
• Successfully appealed and resolved adverse Michigan township zoning board of appeal decision.
• Obtained partial summary judgment for international tier 1 supplier against OEM in contractual indemnity dispute.
• Defeated motion to dismiss and stay of U.S. litigation in favor of pending Canadian litigation involving automotive supplier dispute.
• Managed e-discovery and litigated e-discovery disputes on behalf of automotive supplier defendants and third parties in consumer class action cases in multiple jurisdictions seeking damages in the hundreds of millions of dollars.
• Counseled automotive supplier clients with buy-side and sell-side supply agreements, commercial agreements, equipment-purchase agreements, long-term agreements, side letters, and purchase orders, including terms and conditions.
• Successfully negotiated the early resolution of multiple and significant warranty and cost recovery claims prior to litigation.
• Successfully litigated the resolution of multiple and significant warranty, breach of contract, and cost recovery claims in numerous state and federal jurisdictions.
• Reviewed client contracts and business practices to assess compliance and litigation risk.
• Defended against consumer class action lawsuits involving component-part manufacturers.
• Litigated claims for misappropriation of trade secrets and breach of non-disclosure agreements.
• Coordinated the defense of multiple products liability cases and managed litigation strategy in multiple jurisdictions.
• Defended against motions for temporary restraining orders on behalf of multiple automotive suppliers.
• Defended multiple wrongful death and significant injury claims in multiple jurisdictions.
• Successfully obtained early dismissals of product liability cases.
• Obtained summary judgment in numerous multi-million dollar disputes involving negligence, significant injury, wrongful death, regulatory, and defense and indemnity disputes for railroad and petroleum pipeline companies.

Education, Professional Associations and Awards

• Michigan Super Lawyers – 2023, 2024
• Michigan Super Lawyers – Rising Stars (2016, 2017, 2018, 2019, 2020, 2021)
• Michigan Institute of Continuing Legal Education – Litigation Advisory Board (2023-2024)
• MEMA Heavy Duty Business Forum – Antitrust Counsel (2023-Present)
• MEMA Emerging Leadership Council (2023-2024)
• Indiana University Maurer School of Law (J.D. cum laude, 2008) Highest Grades Awarded (Trial Advocacy, U.C.C., International Securities Regulation)
• Boston College (A.B., Economics 2004)
• Boston College Alumni Association Detroit Chapter Leader (2019-present)
• President, Bloomfield Village Association Board of Trustees, 2015-2018 (President: 2017-2018)
• Pro Bono Service Awards for “Outstanding Service” (2009, 2010, 2012, 2013)
• NCAA Division I Boston College Varsity Swim Team (2000-2004), Four Year Varsity Letterman, Big East Conference All Academic Award, Eastern College Athletic Conference Championship Qualifier
• University of Glasgow, Scotland – Honors Economics Program (Fall 2003)
• Golden Key International Honors Society
• National Society of Collegiate Scholars
• Omicron Delta Epsilon Honors Economics Association
• University of Detroit Jesuit High School and Academy (2000)
• Eagle Scout, Boy Scouts of America (1997)

Bar Admissions

• Illinois, 2008
• Michigan, 2014
• U.S. District Court Northern District of Illinois, 2009
• U.S. District Court Eastern District of Michigan, 2010
• U.S. District Court Western District of Michigan, 2016
• Sixth Circuit Court of Appeals, 2022

Areas of Practice

• Commercial and Business Litigation
• Automotive supply chain counseling and negotiation and drafting terms and conditions of sale and purchase
• Negotiation and drafting terms and conditions of sales representative agreements

Selected Authored Works and Speaking Engagements

• “EV Volumes, Delays and Cancellations” MEMA Legal Issues Council (October 15, 2024)
• “Drafting Commercial Contracts – Essential Skills for Structuring Key Provisions and Boilerplate Terms” MyLawCLE (September 5, 2024)
• “Intellectual Property: Who Owns What?” MEMA Advanced Technology Council (July 11, 2024)
• “Change of Control Contract Terms: Accounting for Ownership Changes of a Counterparty, Avoiding Unintended Consequences.” Strafford Continuing Legal Education (April 9, 2024)
• “Drafting Standard Forms for the Purchase of Goods” Strafford Continuing Legal Education (June 6, 2023)
• “Drafting Business Contracts” Law Practice CLE (December 19, 2022)
• “Manufacturing and Supply Agreements:  Drafting High-Risk Provisions and Settling ‘Battle of the Forms’ Issues” Strafford Continuing Legal Education (November 8, 2022)
• “Drafting Business Contracts:  Elements of Prosecuting or Defending a Claim when Drafting” MyLawCLE (October 14, 2022)
• “Drafting Business Contracts:  Advice from Litigators to Prevent Ambiguity” Strafford Continuing Legal Education (August 18, 2022)
• “Sales Contract Clauses:  Unilateral Renewals, Exclusivity Provisions, Hidden MFN Clauses, Broad Deliverables, Audits” Strafford Continuing Legal Education (June 21, 2022)
• “Sale of Goods and UCC Remedies: Rejection, Revocation, Non-conforming Goods, and Seller’s Right to Cure,” Strafford Continuing Legal Education (January 4, 2022)
• “Supply Chain Dynamics and Cost Recovery,” OESA CPO Council (November 11, 2021)
• “Negotiating Requirements Contracts with Suppliers,” Strafford Continuing Legal Education (January 16, 2020)
• OESA 2019 Automotive Raw Materials Summit, Contracting Strategies and Takeaways to Mitigate Raw Materials Exposure (August 15, 2019)
• “Managing Warranty, Recall, and Litigation Risk for Automotive Suppliers,” The National Law Review (February 27, 2019)
• “How to Manage Warranty, Regulatory and Commercial Litigation Risks in the Auto Supply Chain,” Supply Chain Dive (May 2, 2018)
• “Auto Industry: Commercial Contract Risk in 2017,” The National Law Review (January 30, 2017)
• “Warranty Issues in 2017,” The National Law Review (January 27, 2017)