Andrew M. Loewenstein
Partner
Overview
Andrew Loewenstein is a West Palm Beach litigation attorney who concentrates his practice in complex healthcare, business, and labor and employment matters. Mr. Loewenstein also represents insureds and underwriters in connection with transactional risk products, including the issuances of representations and warranties (R&W) insurance policies. Mr. Loewenstein employs innovative strategies to prosecute multistate fraud schemes, represent management's interests in labor and employment disputes, and navigate high-stakes business litigation. His clients range from startups to Fortune 500 companies, and include major insurers, financial institutions and a variety of business interests. Mr. Loewenstein primarily practices in Florida and Georgia.
Mr. Loewenstein represents property and casualty (P&C) and health insurers in litigations brought against providers who fraudulently obtained healthcare benefits and insurance payments. These matters are predominately litigated in federal court and are filed only after an extensive investigation that reveals deceptive or fraudulent conduct. Mr. Loewenstein assists clients in a number of industries to develop innovative methods for investigating and identifying fraudulent conduct. Mr. Loewenstein also represents insurers in post-payment reviews and pre-suit mediation in an effort to resolve some matters before suit is filed. He also defends health insurers in Employee Retirement Income Security Act (ERISA) litigation, including the investigation of fraud in the submission of associated claims and filing counter claims, were appropriate.
Mr. Loewenstein represents management's interests in labor and employment disputes, including defending claims brought under Title VII (race, national origin, religion and sex discrimination), Florida Civil Rights Act (FCRA), Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), and related state and federal employment laws. He also has significant experience with eDiscovery in state and federal courts, particularly in the context of litigating misappropriation of trade secrets against former employees. Mr. Loewenstein has prosecuted and defended preliminary injunctions in trade secret and breach of non-compete litigation matters.
While in law school, Mr. Loewenstein served as a judicial law clerk to the Honorable Beth Bloom in the Eleventh Judicial Circuit Court for Miami Dade County. Mr. Loewenstein also served as an intern in the U.S. Senate and was the president of a multinational nonprofit organization before becoming an attorney.
Representative Experience
- Represented the nation's largest property and casualty (P&C) insurance company in the first affirmative litigation filed in the state of Georgia to recover unlawfully obtained Medical Payments Coverage benefits from a provider who was alleged to have fraudulently conducted patient examinations to justify treating almost nearly every patient identically, regardless of age, mechanism or severity of injury or other individualized factors; established case law affirming an insurer's right to seek recovery of unlawfully obtained benefits pursuant to a "predetermined treatment" scheme, under Georgia law
- Represented the nation's largest P&C insurance company in the first attempt by the insurance sector to sue a medical legal referral service in connection with the submission of alleged fraudulent claims in violation of Florida's self-referral laws
- Represented a national health insurer in federal court involving claims against substance use disorder facilities and a related laboratory involving claims of violations of Florida's Deceptive and Unfair Trade Practice Act (FDUTPA) and Patient Brokering Act pertaining to the inappropriate use of urine drug testing and unlawful patient referrals
- Represented a national insurance carrier in suit to recover payments obtained by a medical provider as part of a fraudulent scheme in which the provider operated without the proper licensure and provided unnecessary and unreasonable treatment to insureds
- Represented clients in prosecuting Racketeer Influenced and Corrupt Organizations Act (RICO), fraud and deceptive trade practice claims, including action on behalf of insurance carriers seeking in excess of $35 million in damages against physicians, surgery centers and medical practice managers for certain spinal procedures performed on personal injury claimants
- Represented a popular luxury shoe designer in age discrimination case brought by former employee; succeeded in having claims dismissed on summary judgement, and represented the client before the U.S. Court of Appeals for the Eleventh Circuit, which affirmed the District Court's grant of summary judgment
- Defended a hotel chain in charge of discrimination brought by former employee; obtained a "no case" determination from the Florida Commission on Human Relations
- Represented a popular steak restaurant in Americans with Disabilities Act (ADA) accessibility case brought by "test plaintiff" and successfully resolved the matter prior to litigation
- Represented an aerospace company in misappropriation of trade secret and breach of non-compete claims brought against former employee and successfully obtained injunction prohibiting the defendants from violating their non-compete agreements or using misappropriated confidential information and trade secrets
- Represented a renowned sushi restaurant in wage and hour retaliation claim brought by former employee and successfully obtained summary judgment prior to trial
- Advised a hedge fund manager in negotiations associated with new contract to manage $1 billion-plus in assets
- Prosecuted civil claims on behalf of large insurance companies and Employee Retirement Income Security Act (ERISA) claims administrators against entities and individuals engaged in complex and large-scale fraudulent schemes in the healthcare, substance abuse and automobile insurance industries
- Defended claims administrators and insurers against ERISA claims brought as mass actions relating to health benefits, fiduciary duties and claims handling procedures
- Hague Convention: Represented defendant/mother in a Hague Convention child abduction case brought against mother by the minor child's father/ mother's former husband; successfully negotiated a resolution whereby all claims against mother were dropped
- Combatting Domestic Violence: Represented victim of domestic violence and obtained a five-year injunction and separation order against the abuser
- Civil Discourse and Difficult Decisions: Collaborated with Federal Bar Association (FBA) leaders, federal judges and the national educational outreach manager for the Office of the U.S. Courts to redesign the Civil Discourse and Difficult Decisions curriculum for a virtual program in light of COVID-19; Civil Discourse and Difficult Decisions is a national initiative of the federal courts and FBA, in which high school and college students participate with a federal judge and attorney facilitators in simulations pertaining to legal challenges youth may face in the real world and the consequences of the decisions they make; Mr. Loewenstein participated in six events during the 2020-2021 school year
Credentials
- University of Miami School of Law, J.D., cum laude
- University of Miami, MBA
- Washington University in St. Louis, B.A., universali cum honore
- Florida
- Georgia
- Illinois
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Northern District of Georgia
- WashU Florida Regional Cabinet, Washington University in St. Louis
- Fifteenth Judicial Circuit Pro Bono Committee
- Federal Bar Association, National Civics Day, Chair, 2023
- Foundation of the Federal Bar Association, Fellow
- Federal Bar Association, Palm Beach Chapter, Treasurer, 2022-2023; Vice President/President-Elect, 2023-2024; President, 2024-Present
- Federal Bar Association, Community Service and Outreach Committee, 2021-Present
- Co-Civics Liaison for the Federal Bar Association, Palm Beach County Chapter, 2020-Present
- Attorney Coach, Federal Bar Association Program: Civil Discourse and Difficult Decisions, A Real-Life Civics Program Brought Into Virtual High School Classes
- Literacy Coalition of Palm Beach County, Board of Directors, 2017-Present
- Holland & Knight Charitable Foundation, Board of Directors
- University of Miami Law Alumni Association, Board of Directors, Vice Chair, National Young Alumni Committee, 2013-2014; Chair, National Young Alumni Committee, 2014-2015
- Washington University in St. Louis, Alumni and Parents Admission Program, Interviewer, 2016-Present
- Federal Bar Association
- Palm Beach County Bar Association, 2009-Present; Judicial Relations Committee, 2023-Present
- South Palm Beach County Bar Association, 2011-2013
- State Bar of Georgia, 2017-Present
- Illinois State Bar Association, 2011-Present
- The Best Lawyers in America guide, Commercial Litigation, 2025
- Rising Star, Florida Super Lawyers magazine, 2014-2020
- Florida Legal Elite, Florida Trend magazine, Commercial Litigation, 2018-2021
- Florida Legal Elite Up & Comer, Florida Trend magazine, Commercial Litigation, 2013-2017
- Holland & Knight Pro Bono All Star, 2020
- Holland & Knight Public and Charitable Services All Star, 2019