Andrew Bergman is an experienced appellate and commercial litigator who has represented clients in diverse industries including energy, healthcare, financial services, technology, transportation, and consumer products. Andrew is board certified in Civil Appellate Law by the Texas Board of Legal Specialization. He has argued cases in the U.S. Courts of Appeals for the Second, Eighth, and Tenth Circuits and has briefed cases in several other state and federal courts.
Prior to joining Wright Close Barger & Guzman, Andrew practiced for nearly ten years in the Houston office of a global law firm as a member of its complex litigation group. There, he maintained a broad commercial litigation practice and developed significant experience representing international clients in U.S. litigation involving cross-border disputes and transnational legal issues, such as conflicts of law, forum-selection clauses, international service of process, personal jurisdiction, forum non conveniens, and international comity.
Andrew has also maintained an active and high-impact pro bono practice. He argued and won a case in the U.S. Second Circuit which resulted in the first federal appellate court decision to establish a framework for implementing safeguards in immigration removal cases against individuals with mental incompetency. Andrew was also part of a team that won a 2018 decision in the Pennsylvania Supreme Court overturning the state’s congressional district map as an unlawful partisan gerrymander.
Experience
- Counsel, Wright Close Barger & Guzman, LLP, July 2026 – present
- Senior Associate, Arnold & Porter, 2022 – 2026
- Associate, Arnold & Porter, 2016 – 2022
Representative Cases
- Successfully defended a technology company in an appeal to the Texas Ninth Court of Appeals arising from a dispute over an $8.5 million technology and asset purchase.
- Obtained a $12 million default judgment on behalf of an e-commerce company against overseas competitors for anticompetitive practices before the U.S. District Court for the Central District of California.
- Successfully defended a Community Development Financial Institution against a $10 million breach of contract claim in Texas state court (Tarrant County).
- Successfully represented an investment bank on appeal before the Texas Second Court of Appeals challenging an inadequate attorney’s fees award under Texas Rule of Civil Procedure 91a. On remand, the trial court awarded all fees requested, over $1.1 million.
- Defeated nationwide class certification efforts against a CDFI in the U.S. District Court for the Northern District of Texas involving claims related to loans issued under the Paycheck Protection Program.
- Successfully defended a technology company in an original proceeding before the Texas Ninth Court of Appeals involving a petition for writ of mandamus and enforcement of a contractual jury waiver provision.
- Represented an energy company in multiple appeals before the U.S. Court of Appeals for the Firth Circuit involving challenges to payment determinations under an oil spill class action settlement program.
Memberships
- Member, Texas State Bar Association (Litigation and Appellate sections, State Bar Appellate Pro Bono Panel)
- Member, Houston Bar Association (Litigation and Appellate sections, HBA Appellate Pro Bono Panel)
- Member, Texas Association of Trial and Appellate Specialists
- Member, Texas Bar College
- Member, U.S. Fifth Circuit Bar Association
Awards
- Board Certified in Civil Appellate Law, Texas Board of Legal Specialization
- Recognized, The Best Lawyers in America “Ones to Watch,” in Commercial Litigation, Texas, 2022 –2026
- Recognized in The Legal 500, “Key Lawyers,” in Dispute Resolution, Band 3, 2025
Publications
- End of an Era? Special Master Recommends Dismissing Long-Running Medicare Advantage FCA Case (Blog Post, Apr. 11, 2025) (co-authored)
- Statewide but Exclusive: The Texas Supreme Court Clarifies Jurisdiction of the Newly Established Fifteenth Court of Appeals (Advisory, Apr. 2, 2025) (co-authored)
- “Not Dead Yet”: The Fifth Circuit Revives the Fiduciary Shield Exception to Personal Jurisdiction (Advisory, Feb. 19, 2025)
- Open for Business: Texas Launches New Business Court and Court of Appeals (Advisory, Aug. 28, 2024) (co-authored)
