Andrew horne

About

Andrew was called to the New South Wales bar in 2023.

In addition to being admitted as a barrister in New South Wales, Andrew is also admitted as an attorney in New York and as a solicitor in England & Wales and Scotland. He graduated first in his class from the University of Strathclyde in Glasgow, Scotland (LL.B. (Hons. 1st Class)) and holds a LL.M. from Harvard Law School where he was a John F. Kennedy Memorial Scholar (the UK equivalent of a Rhodes Scholar).

Prior to relocating to Australia, Andrew practiced for fifteen years in the litigation department of the international law firm, Kirkland & Ellis LLP. He was elected to partnership in 2007, becoming one of the firm’s youngest partners. While at Kirkland, Andrew handled a wide variety of trial and appellate matters including commercial contract disputes, financial services litigations and investigations, class actions, and insolvency proceedings. His clients included numerous Fortune 500 companies such as Morgan Stanley, Verizon, AOL, and News Corp. He also had an active pro bono practice, including representing a Texas death row inmate in his post-conviction litigation, for which he was individually awarded a Thurgood Marshall Award for Death Penalty Representation by the New York Bar Association and his team was awarded the American Bar Association Death Penalty Representation Project Exceptional Service Award.

While at Kirkland, Andrew appeared before courts and arbitration panels across the United States including in California, Delaware, Florida, Illinois, Massachusetts, New York, Texas, and Virginia. He has also practiced before numerous appellate courts, including the United States Courts of Appeal for the Second, Fifth, and Ninth Circuits, the Delaware Supreme Court, and the United States Supreme Court.

Andrew has a particular interest in technology, data security and privacy, accounting, and cross‑border litigation. His cross-border matters include disputes arising in Australia, England & Wales, the European Union, the Cayman Islands, Brazil, Argentina, and Germany.

In addition to his practice, Andrew has a keen interest in teaching. He taught trial advocacy for ten years while at Kirkland and was previously an instructor and examiner in tort and international private law at the University of Strathclyde. He has published articles on medical ethics and tort and given presentations on international competition law, securities litigation, electronic discovery, and death penalty representation. Between 2006 and 2007, Andrew was the American Bar Association’s International Civil Litigation Sub-Committee Chair.

Andrew’s CV is available here.

Select Cases

Defended an Internet service provider in one of the largest class action lawsuits ever brought under the Electronic Communications Privacy Act. The plaintiffs sought damages of $685 million on behalf of a putative class of 685,000 people who allegedly had their Internet search queries wrongfully disclosed. Result: The case was dismissed in its entirety prior to trial.

Defended a yellow pages publisher in an ERISA class action lawsuit alleging that its senior executives breached their fiduciary duties in continuing to offer company stock when it was supposedly imprudent to do so. Result: The case was dismissed in its entirety.

Defended an insurance company in connection with an ERISA class action lawsuit alleging that the company engaged in self-dealing by using retained asset accounts to pay death benefits. Result: Following discovery, the case was dismissed on summary judgment.  

Defended an investment bank in numerous arbitrations alleging fraudulent and misleading equity research. Result: After a representative one-week arbitration, the panel rejected all of claims relating to the equity research.

Defended an investment bank in connection with numerous regulatory investigations relating to its employment practices. Result: The matters were resolved to the satisfaction of the client prior to the commencement of formal enforcement proceedings.

Represented a credit card network in connection with various antitrust proceedings brought by it against competitors in federal court in the United States, in the High Court in London, and in the European Court of Justice. Result: The matters were before trial for $2.75 billion.

Represented an investment bank in a $60 million dispute over the allocation of tax refunds and liabilities. Result: The bank prevailed in arbitration and received a multimillion-dollar award.

Represented several private equity firms in a breach of contract action in which they alleged they were owed millions of dollars in ‘earnout’ payments. Result: The private equity firms prevailed at trial in Delaware Chancery Court and were awarded over $28 million in damages. The Delaware Supreme Court upheld the award on appeal.  

Defended a telecommunications company in a putative class action brought by more than 30,000 property owners claiming trespass, inverse condemnation, and unjust enrichment. The plaintiffs sought damages in excess of $300 million. Result: After discovery, the court denied the plaintiffs’ motion for class certification and the ruling was affirmed on appeal.

Defended an investment bank in an action brought by European plaintiffs who alleged that they had been the victims of an alleged international fraud and money laundering scheme. Result: Following extensive fact and expert discovery, the matter settled on terms favourable to the client.

Defended a telecommunications carrier in connection with mass tort litigations arising out of a predecessor company’s use of land to manufacture nuclear material. Result: Compete jury verdict in favour of client in representative proceeding.

* All matters handled while at Kirkland & Ellis LLP.

Areas of Practice

Alternative Dispute Resolution

Appellate

Banking & Finance

Class Actions

Commercial Litigation

Common Law & Personal Injury

Competition & Consumer Law

Contract Disputes

Corporations

Criminal Law

Data Security & Privacy

Equity

Financial Services

Information Technology

Insolvency

Insurance

International Arbitration

International Law (private and public)

Internet & Technology

Media Law

Professional Liability

Public law

Telecommunications & Broadcasting

Qualifications

LL.B. (Hons. 1st Class), University of Strathclyde, Scotland

Dip. L.P., Glasgow Graduate School of Law, Scotland

LL.M., Harvard Law School

Admissions

New South Wales: Barrister

State of New York: Attorney at Law

US Federal Courts: US Supreme Court

US Federal Courts: US Court of Appeals for the Second, Fifth, and Ninth Circuits

US Federal Courts: US District Courts for the Eastern and Southern Districts of New York

England & Wales: Solicitor

Scotland: Solicitor

Publications

Negligence and the Misbehaving Pursuer, 1999 Juridical Review 357 (peer reviewed)

(with J.W.G. Blackie), The Application of the Declaration of Helsinki: Country Report for the United Kingdom, in Forschungsfreiheit und Forschungskontolle in der Medizin-zurw Gelanten Revision der Deklaration von Helsinki (Erwin Deutsch and Jocher Taupitz eds 2000) (peer reviewed)