Overview
Andrew Soven is a Philadelphia commercial litigator with more than 25 years of experience litigating and resolving complex matters and counseling clients. During the course of his career, Mr. Soven has amassed significant experience in numerous areas of the law, including financial services, creditors rights and remedies, fraudulent transfer claims, restrictive covenant litigation and other matters involving equitable relief and restrictive covenant litigation.
As part of his substantial work for financial institutions, Mr. Soven has represented banks and finance companies in numerous class actions involving overdraft fees, mortgage servicing, auto loan financing and collateral repossession, credit reporting, and other areas of the law. Mr. Soven also has extensive experience representing and counseling banks with respect to litigation involving branch issues, including purportedly fraudulent checks and wire and online transfers, safe deposit boxes, and elder abuse fraud. He also has represented financial institutions in fiduciary litigation where the bank served as a trustee with respect to both traditional accounts and insurance-related products.
As part of his work in the financial services industry, Mr. Soven has acquired in-depth knowledge of the Uniform Commercial Code (Articles 3, 4, 4A and 9), Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Employee Retirement Income Security Act and Telephone Consumer Protection Act. He has served as lead counsel in large receivership and lender liability cases, and handles noncompete litigation for financial services and other clients. Mr. Soven first-chaired many trials and arbitrations, including successfully defending fraudulent transfer claims in excess of $100 million in a three-week jury trial involving the precious metals industry.
In addition, Mr. Soven has been an adjunct professor at the University of Pennsylvania Law School for more than 10 years. He also currently serves as a senior panel member for the Pennsylvania Attorney Disciplinary Board.
Representative Experience
- Levy Baldante et al. v. Wells Fargo Bank (Pa. Super. Ct. 2018) (upholding terms of bank's account agreement in case involving issues of first impression and affirming dismissal of claims issues from law firm's trust account)
- Impala Platinum Holdings v. Alliance Indus. Ltd. (E.D. Pa. 2017) (defeating Racketeer Influenced and Corrupt Organizations Act and fraudulent transfer claims and upholding client's security interests following two-week jury trial)
- Cunningham v. M&T Bank Corp. (3d Cir. 2016) (affirming dismissal of Real Estate Settlement Procedures Act claims relating to insurance premiums received by captive insurers)
- Kaymark v. Bank of America (3d Cir. 2015), Salvati v. Bank of America (3d Cir. 2015), Hammill v. Bank of America (3d Cir. 2015) (all affirming dismissal of class action claims related to mortgage servicing fees)
- Benner v. Bank of America (E.D. Pa. 2013) (favorably deciding issues of first impression relating to mortgage servicing fees)
- DCNC N.C. I, LLC. v. Wachovia Bank, N.A. (Philadelphia Cty. CCP 2009) and In re Marcus Lee Assoc., L.P. (Bankr. E.D. Pa. 2009) (both favorable deciding lender liability claims relating to funding of commercial loans)
- Hudson v. Eaglemark Savings Bank (3d Cir. 2012) (dismissing all Uniform Commercial Code and state law claims asserted against finance company in connection with post-repossession notices of intent to sell collateral)
- Collier v. National Penn Bank, (E.D. Pa. 2012) (denying remand of state law claims related to overdraft fees in class action litigation)
- Bucci v. Wells Fargo Bank, N.A. (E.D. Pa. 2010) (awarding summary judgment to bank in connection with claims based on fraudulent checks with an aggregate value of $1 million)
- Johannessen v. Zimmer Inc. (E.D. Pa. 2009) (awarding summary judgment to employer in connection with Employee Retirement Income Security Act disability claims against medical device manufacturer)
- Delaware Valley Financial Group, Inc. v. Principal Life Ins. Co. (E.D. Pa. 2009) (defeating trademark and related unfair competition claims in matter involving resignation of more than 50 insurance agents)
- Eckerd Corporation v. Glen Eagle Retail (Pa. Super. 2004) (obtaining summary judgment for pharmaceutical company in connection with commercial lease)
- Scherr v. United States Pipe & Foundry Co. (Montgomery Cty. CCP 2003) (defeating failure to warn claims brought by accident victim during course of jury trial)
- In re Reading Company (3d Cir. 1997) (affirming dismissal of Comprehensive Environmental Response, Compensation, and Liability Act claims in matter involving issues of first impression under CERCLA and bankruptcy law)
Credentials
- University of Pennsylvania Law School, J.D.
- University of Virginia, M.A., English Language and Literature
- University of Pennsylvania, B.A., History and English, magna cum laude
- New Jersey
- Pennsylvania
- All State Courts in Pennsylvania
- All State Courts in New Jersey
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the District of New Jersey
- Philadelphia Bar Association
- Philadelphia Bar Association Business Litigation Section Steering Committee
- Clarifi Board Member
- University of Pennsylvania Law Review, Editor
- Phi Beta Kappa