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 attorney and 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 in representing multiple, 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 has been selected for inclusion in the 2016, 2017, 2018, 2019 and 2020 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:

  • 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.
  • 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.
  • Counseling 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 negotiating the early resolution of multiple and significant warranty and cost recovery claims prior to litigation.
  • Successfully litigating the resolution of multiple and significant warranty, breach of contract, and cost recovery claims in numerous state and federal jurisdictions.
  • Reviewing client contracts and business practices to assess compliance and litigation risk.
  • Defending against consumer class action lawsuits involving component-part manufacturers.
  • Litigating claims for misappropriation of trade secrets and breach of non-disclosure agreements.
  • Coordinating the defense of multiple products liability cases and managing litigation in multiple jurisdictions.
  • Defending against motions for temporary restraining orders on behalf of multiple automotive suppliers.
  • Defending multiple wrongful death and significant injury claims in multiple jurisdictions.
  • Successfully obtaining early dismissals of product liability cases.
  • Obtaining 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

  • 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)
  • Michigan Super Lawyers – Rising Stars (2016, 2017, 2018, 2019, 2020)
  • 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

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

  • “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)
Specialists in High-Stakes Litigation, Bankruptcy and Supply Chain Counseling.
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