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Andrew Chan

Partner

Andrew J. Chan is a partner in the Walnut Creek office of Lewis Brisbois and member of the Insurance Coverage, Intellectual Property, and Labor & Employment Practices.

Andrew has extensive legal experience representing individual and corporate clients. He previously served as a partner and appellate practice group co-chair for a California statewide civil litigation firm. He also represented healthcare professionals and practices for a boutique law office; banks and lenders for a national financial services law firm; and multinational insurers for a Florida insurance coverage and litigation practice.

Andrew is a California real estate broker, a certified information privacy professional (CIPP/US), a professional in human resources - California (PHRca), and a registered patent attorney with the United States Patent and Trademark Office.

Publications

  • MICRA limitations apply to unsupervised acts (Daily Journal, February 25, 2022)
  • Compelling Non-Signatories to Arbitration (Defense Comment, Vol. 35, No. 3, Fall 2020)
  • Insurance Coverage for COVID-19 Business Interruption in California (California Law & Strategy: Insurance Producer Liability, Vol. 1, Issue 1, October 2020)
  • How Many Jurors Does It Take to Overrule a Precedent? Ramos v. Louisiana and Stare Decisis (The Marin Lawyer, September 2020)
  • The Nuts and Bolts of California Appellate Practice (California Young Lawyers Association, August 2020)
  • California's Notice-Prejudice Rule for Late Notice in First and Third Party Insurance Claims (Defense Comment, Vol. 35, No. 2, Summer 2020)
  • Contractual Waiver of Public Injunctive Relief in Arbitration Agreements: Conflicting Federal Interpretation of the McGill Rule (Contra Costa Lawyer Magazine, June 2020)
  • MICRA Limits Loss Caused by Physician Assistants’ Unsupervised Acts (Daily Journal, April 30, 2020)
  • California Public Entities’ Duty to Light Streets: The Erosion of the Peculiar Condition Exception (Public Law Journal, Vol. 43, No. 1, Winter 2020)
  • Trail Ruling Lessens Calif.'s Public Property Liability (Law360, April 6, 2020)
  • Protecting Confidential Settlement Agreements from Attorney Disclosure (Northern California Record, August 24, 2018)
  • Florida Court Holds Voicemail Mail Message Asking Return Call Can Be Debt Collection Communication (insideARM, October 29, 2015)

Published Opinions

  • Per Curiam affirmed insurance-related appeal in Samess v. Am. Strategic Ins. Corp., 160 So. 3d 443 (Fla. 3d DCA 2014)
  • Entrustment exclusion in an insured's CGL policy precluded coverage for its loss resulting from a tenant's actions because pursuant to the lease, the insured "entrusted" its property to the tenant, who damaged and stole the insured's real and personal property in Grover Commer. Enters. v. Aspen Ins. UK, Ltd., 202 So. 3d 877 (Fla. 3d DCA 2016)
  • Summary judgment granted to PG&E under vicarious liability principles in Mynock, et al. v. PG&E, et al. (2018) San Francisco County Superior Court Case No. CGC-15-564776
  • Summary judgment granted based on express liability waiver in Butterworth v. Blue Star Resort & Golf Management, LLC, et al. (2019) Contra Costa County Superior Court Case No. MSC17-01439
  • Successive demurrers sustained for City of Hayward based on government immunity and California Constitutional arguments in Nikpour, et al. v. Phipps, et al. (2020) Alameda County Superior Court Case No. HG19010841
  • Dismissal of indemnity claim under Cal. Labor Code § 3864 despite alleged prior written indemnity agreement in Perez v. Cal-Con Pumping, Inc. (2020) San Francisco County Superior Court Case No. CGC-19-574702
  • Demurrer sustained for ambulance company based on MICRA’s one-year statute of limitations in Davis v. Royal Ambulance (2020) Alameda County Superior Court Case No. RG19031862

Certifications

  • Registered Patent Attorney, The United States Patent and Trademark Office
    (registration number 68317; admitted June 1, 2011)
  • Real Estate Broker License, State of California, Department of Real Estate
    (license number 02037395; issued May 8, 2018)
  • Certified Information Privacy Professional
    (CIPP/US) (certificate number 000319743I; issued September 16, 2022)
  • Professional in Human Resources – California
    (PHRca) (Certification ID 800249261; issued January 21, 2023)

Admissions

  • State Bar Admissions
    • California
    • Florida
  • United States District Courts
    • United States District Court for the Central District of California
    • United States District Court for the Eastern District of California
    • United States District Court for the Northern District of California
    • United States District Court for the Southern District of California
    • United States District Court for the Middle District of Florida
    • United States District Court for the Northern District of Florida
    • United States District Court for the Southern District of Florida
  • United States Courts of Appeals
    • United States Court of Appeals for the Ninth Circuit
  • United States Supreme Court
  • Other Admissions
    • United States Patent & Trademark Office

Associations

  • Claims and Litigation Management Alliance
  • International Association of Privacy Professionals
  • Florida Bar, Out-of-State Practitioners Section

Awards & Honors

  • Martindale AV® Peer Review Rated (2017-2023)
  • Northern California Super Lawyers Rising Star (2018-2020)

Education

University of Miami School of Law

Juris Doctor, May 2007

University of California, Berkeley

Bachelors of Arts Degree in Cognitive Science and History, December 2003

  • Minor: Philosophy

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