Andrew Harakas

Full Profile

Andrew Harakas is a partner at Clyde & Co US LLP in New York with more than 25 years of trial and litigation experience in aviation (passenger and cargo), complex tort, regulatory (DOT, FAA, OFAC), insurance, and product liability matters.

Andrew has represented clients and tried cases arising out of major aviation losses and has extensive appellate experience. He has argued numerous appeals before federal and state appellate courts throughout the nation, including three cases before the United States Supreme Court – Olympic Airways v. Husain, 540 U.S. 644 (2004), Dooley v. Korean Air Lines, 524 U.S. 116 (1998), and Zicherman v. Korean Air Lines, 516 U.S. 217 (1996). Andrew often advises clients on complex litigation, jurisdictional and appellate issues and has filed amicus briefs on behalf of IATA in the first appellate court cases addressing the Montreal Convention, the Tokyo Convention and the ATSA.

Andrew has published numerous articles on a variety of issues relating to domestic and international aviation liability and insurance law, including the 38 chapter book, Litigating the Aviation Case (4th ed. ABA 2017). Andrew is also a frequent lecturer at conferences sponsored by IATA, the American Bar Association, Institute of Air and Space Law (McGill University) and other organizations throughout the world.

He has been consulted by and testified before US Senate Committees regarding proposed legislative changes to existing aviation and maritime laws. Andrew has appeared on CNN, Court TV and other news programs to address current aviation issues. Currently, Andrew is an adjunct professor at the Institute of Air and Space Law at McGill University and is on the Editorial Board of the Annals of Air & Space Law  (McGill University) and the Kluwer Air Law Journal.

Andrew has been consecutively awarded the Who’s Who Legal Aviation Contentious Lawyer of the Year (2018-current). He has also been selected for inclusion in Chambers USA's Band 1 – "one of the best" and recognized for his skill as an appellate lawyer and expertise on the Warsaw/Montreal Convention. Chambers describes Andrew as highly rated by his peers, who praise his "tremendous track record" in court. He is recognized in the International Who's Who of Aviation Lawyers, International Who's Who of Product Liability Defence Lawyers, and the Aviation Counsel Guide.

Admissions

• New York
• Connecticut
• Michigan
• Supreme Court of the United States
• US Courts of Appeals for the First, Second, Third, Fifth, Sixth, Ninth, Eleventh and District of Columbia Circuits
• US District Courts for the Southern, Eastern and Western Districts of New York
• US District Court for the Eastern District of Michigan
• US District Courts for the Northern District of Illinois

Education

• L.L.M., McGill University, Institute of Air & Space Law, 1987
• J.D., cum laude, Michigan State University College of Law, 1986
• B.A., University of Michigan, 1982

Memberships

• Kluwer Air Law Journal, Editorial Board
• McGill University, Annals of Air & Space Law, Editorial Board
• Flight Safety Foundation, Legal Advisory Committee
• Defense Research Institute, Aerospace Law Subcommittee, Chair (2008-2010) and Vice Chair (2006-2008)
• American Bar Association, Aviation Law Subcommittee, Tort and Insurance Practice Section, Vice Chair (1995-1996)
• Institute of Air and Space Law Association

Experience

Presentations

• "Recent US Developments Relating to Mental Injury & Article 17 Montreal Convention," Travel Law Forum – Greek Ministry of Tourism, Athens, Greece, March 2018
• "Aviation Claims in the U.S.," Air Law Workshop, Leiden University, Leiden, November 2017
• "Psychological Damages Under The Montreal Convention," 51st Annual SMU Air Law Symposium, Dallas, Texas, March 2017
• "U.S. Legal Update," Paterson, MacDougall LLP and Alexander, Holburn, Beaudin & Lang LLP 18th Annual Aviation Conference, Toronto, Canada, January 2017
• "Overview of The Montreal Convention," Abu Dhabi Department of Transportation, Workshop on Consumer Protection for Air Passengers, Abu Dhabi, UAE, November 2016
• "Forum Non Conveniens in Aviation Cases," ACI 8th National Aviation Claims & Litigation Summit, New York, New York, June 2016
• "North American Legal Update – Recent Cases and Regulations," 13th Beaumont & Son/Clyde & Co International Aviation Conference, London, England, June 2016
• "Difficulties of Settlement & Emerging Insurance Issues," McGill University/PEOPIL Conference on International Aviation Law & Insurance, Edinburgh, Scotland, May 2016
• "Unlawful Interference with Civil Aircraft," IATA Legal Symposium 2016, Barcelona, Spain, February 2016
• "The Grand Debate – 'There Is No Future for National Airspace Sovereignty'," IATA Legal Symposium 2016, Barcelona, Spain, February 2016
• "Foreign Aviation Accidents: Where Should Passenger Cases Land and Other Matters of Convenience?" ABA 21st Annual Aviation Litigation National Institute, New York, New York, June 2014
• "Foreign Crashes and Litigation in the U.S.," ACI 7th Annual Forum on Defending and Managing Aviation Claims & Litigation, New York, New York, June 2015
• "Overview of Recent U.S. Aviation Cases," Paterson, MacDougall LLP and Alexander, Holburn, Beaudin & Lang LLP 16th Annual Aviation Conference, Toronto, Canada, January 2015
• "Roundtable Discussion on Comparative Interpretations on The Warsaw/Montreal Conventions and on Aircraft Lessors’ Liability Exposure," ABA/McGill University Aviation Conference, Montreal, Quebec, September 2014
• "From Tokyo to ATSA – Testing the Limits of Carrier Immunity When Responding to Security Threats," IATA Legal Symposium 2014, San Francisco, California, February 2014
• "The Tokyo Convention of 1963 – Is the carrier liable for its response to an unruly passenger?" Royal Aeronautical Society Seminar on UnrulyPassengers/Revision of Tokyo Convention, London, United Kingdom, January 2014
• "Aviation Liability," Air Law Workshop, Leiden University, Leiden, November 2013
• "Unruly Passengers and The Tokyo Convention," IATA Legal Symposium 2013, Berlin, Germany, February 2013
• "U.S. Legal Update – Parental Child Abduction and Forum Non Conveniens," Paterson, MacDougall LLP and Alexander, Holburn, Beaudin & Lang LLP 12th Annual Aviation Conference, Toronto, Canada, January 2013

Publications

• Author of Chapter One, "Air Carrier Liability for Passenger Injury or Death Occurring During International Carriage by Air – An Overview of The Montreal Convention of 1999," Litigating the Aviation Case, Fourth Ed., ABA/TIPS, 2017
• Editor, Litigating the Aviation Case, Fourth Ed., ABA/TIPS, 2017