AREA OF PRACTICE

Litigation & Arbitration

Biography

Andrew Struve is a partner in Brown Rudnick’s Commercial Litigation group in the Orange County office.

Andrew’s practice focuses on complex commercial litigation and unfair competition actions as well as regulatory compliance matters, with a particular expertise in healthcare, private equity, insurance, and the defense of consumer suits. In the healthcare field, Andrew has litigated class and other representative actions, federal and state qui tam litigation, antitrust suits, RICO actions, managed care contracting suits, earnout disputes, partnership actions, bad faith claims, and payment disputes, and has additionally conducted numerous internal investigations and compliance audits.  In the managed care and insurance fields, Andrew has litigated numerous fraud and other class actions in addition to individual unfair business practices suits, bad faith actions and rescission litigations. Andrew also has represented clients in trials and other litigation of significant matters involving real estate, title insurance, intellectual property, false advertising, employment, misappropriation of trade secrets, product liability, professional liability, partnerships, indemnity, contribution, subrogation, and other areas of the law, and has served as regulatory counsel and governance advisor to healthcare clients. In addition to leading litigation teams in healthcare disputes in federal and state courts across the United States, Andrew also serves as national governance, regulatory, and compliance counsel for a number of companies. 

Representation

HealthSmart Benefit Solutions, Inc. v. Principia Underwriting,(W.D. La. 2014): Denying insurers’ multiple motions to dismiss client’s insurance bad faith claims

MacRae v. HCR Manor Care Services, (C.D. Cal. July 2014): Dismissing Consumer Legal Remedies Act and Unfair Competition claims based on alleged misrepresentations

Wehlage v. EmpRes Healthcare, (N.D. Cal. Feb. 2012): Dismissing claims against affiliated medical providers and parent company due to plaintiff’s lack of standing

Walsh v. Kindred Healthcare et al.,798 F.Supp.2d 1073, (N.D. Cal. 2011): Dismissal of Unfair Competition Law claim against nursing homes for alleged understaffing of facilities

Kinder v. Allied Interstate, (Cal. 4thDist, 2ndDivision): Affirming dismissal of 165 consolidated TCPA actions due to plaintiff’s failure to post $1.5 million security bond following a grant of defense motion for same

Nieto v. Blue Shield of California Life & Health Insurance Co., 181 Cal.App.4th 60, (2010): Affirming summary judgment for insurer and making new law on issues of postclaims underwriting and an insurer’s right to rescind

Alvarado v. Sun Healthcare et al, 153 Cal.App.4th 1292, (2007): First-impression decision affirming dismissal, on demurrer, of Unfair Competition Law action against client nursing homes for alleged violations of statutory nurse hours staffing requirements; the court held that the equitable abstention doctrine foreclosed the plaintiff’s attempt to usurp the assigned state agency’s regulatory authority over nurse staffing

C.C. v. [Confidential],(Cal. 2ndDist, 8th Division): Affirming dismissal of plaintiff’s entire action under sham pleading doctrine

Brockovich v. Kindred Healthcare, Inc.,(C.D. Cal. Oct. 2006): Obtained dismissal on the pleadings of claims against hospitals and nursing homes seeking to recover sums allegedly due the federal government under the Medicare Secondary Payer Act

Pitluck v. Beverly Enterprises et al., No. B1796802d Dist., Nov. 10, 2005: Affirming dismissal of Unfair Competition Law action against client nursing home providers, alleging unlawful and unfair practices relating to the purchase of indemnity insurance for claims made under California’s Elder Abuse Act

Boales v. Blue Shield of California, No. B175185 Cal. 2ndDist, 3rdDivision: Affirming dismissal based on failure to exhaust administrative remedies

Grauberger v. Saint Francis Hospital et al., 169 F.Supp.2d 1172, (N.D. Cal. 2002): Obtained dismissal of RICO claims against hospital system for alleged improper lien and pricing practices

Swanson v. St. Johns Regional Medical Center, 97 Cal.App.4th 245, (2002): Affirming dismissal on demurrer of unfair competition suit challenging hospital’s right to assert statutory liens

Education

Western State University College of Law, J.D., summa cum laude, 1998
Whittier College, 1986

Bar Admissions

California
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
U.S. District Court for the Eastern District of California
U.S. Court of Appeals for the Ninth Circuit
Publications
Co-author, “CMS Final Rule Reduces Reimbursement Rates for 340B-Eligible Hospitals,” Health Update, December 18, 2017
Co-author, “The Legality of Cost-Sharing Reduction Payments Under the ACA,” Health Update, November 21, 2017
Co-author, “Justice Department Abandons Medicare Advantage FCA Suit Against UnitedHealth,” Health Update, October 24, 2017
Co-author, “Who Is the Arbiter of Arbitrability?,” Orange County Business Journal, October 17, 2016
Co-author, “Using Statistical Sampling in False Claims Act Cases,” Health Update, August 23, 2017
Co-author, “ERISA Procedural Rights Violations Can Still State Federal Claims,” Health Update, July 24, 2017
Co-author, “CMS Issues Rules to Help Stabilize Health Insurance Market,” Health Update, May 24, 2017
Co-author, “How Will the Trump Administration Impact Healthcare Litigation?,” Health Update, April 25, 2017
Co-author, “Third-Party Payment of Premiums: Controversy and HHS Guidance,” Health Update, March 23, 2017
Co-author, “How Will AB 72 (and Similar Laws) Impact Provider/Payer Disputes?,” Health Update, October 20, 2016
Co-author, “California's New End of Life Option Act Impacts Insurers,” Health Update, October 10, 2016
Co-author, “Difficult Choices for Healthcare Providers as California Legalizes Assisted Suicide, “Health Update, August 24, 2016
Co-author, “Scalia's Death Has Limited Impact on Major Healthcare Cases,“ Health Update, July 27, 2016
Co-author, “Real-Time Data Analytics in Government Investigations and Reducing Exposure,” Health Update, June 23, 2016
Speaking Engagements
Presenter, “Getting it Right the First Time: Learning from Today’s Top Verdicts and Settlements,” 8th Annual Conference on Long Term Care, January 18, 2018
Co-Presenter, “Clowns to the Left of Me, Jokers to the Right: What To Do? Dealing with Unethical Adversaries, Co-Counsel and Even Clients Who Don’t Play by the Rules,” New Media Legal Publishing and West LegalEdCenter, May 27, 2017
Presenter, “How Will the Trump Administration Impact Healthcare Litigation,” Bloomberg BNA, March 7, 2017
Co-Presenter, “ACA-Driven Litigation:  Cases to Watch (And What’s Next),” Bloomberg BNA, March 30, 2016
Co-Presenter,  “Litigation Management for In-House Counsel,” New Media Legal Publishing and West LegalEdCenter, November 21, 2015
Presenter, “Healthcare Compliance and Fraud & Abuse Legal Developments,” October 2013 and May 2014
Presenter, “Persuasive Legal Writing,” New Media Legal Publishing and West LegalEdCenter, April 17, 2013
Presenter, “Health Care Law and Ethics Spotlight: Current Legal Ethics Issues for In-House Attorneys,” New Media Legal Publishing and West LegalEdCenter, December 9, 2009
Co-Presenter, “The American Law Institute, An Insider’s Perspective,” American Law Institute,  September 2007
Presenter, “Hospital Liens: Current Legal Challenges,” Veterans Health Administration, July 2002 and April 2003
Professional Affiliations
State Bar of California
Awards and Honors
AV-Rated by Martindale-Hubbell
Valedictorian, Western State University College of Law, 1998
Voted a Southern California “Rising Star” by Super Lawyers magazine in 2007
Professional Memberships
Member, American Law Institute, American Health Lawyers Association, California Society for Healthcare Attorneys, Los Angeles County Bar Association, Orange County Bar Association, and American Bar Association
Secretary and Treasurer, Friends of the Los Angeles County Law Library
Domestic Violence Counselor, Legal Aid Foundation of Los Angeles