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Andrew E. Lencyk

Partner

alencyk@wolfpopper.com
(212) 451-9628

Andrew E. Lencyk was graduated magna cum laude from Fordham College, New York, in 1988 with a B.A. in Economics and History. At Fordham, he was a member of the College's Honors Program, and was elected to Phi Beta Kappa. He is multi-lingual, speaking Ukrainian, French, Polish, and Russian. Mr. Lencyk received his J.D. from Fordham University School of Law in 1992, where he was a member of the Fordham Urban Law Journal.

Mr. Lencyk has co-authored, with Marian P. Rosner, the following articles for the Practicing Law Institute's Accountants' Liability Handbooks: "Liability in Forecast and Projection Engagements: Impact of Luce v. Edelstein"; "An Accountant's Duty to Disclose Internal Control Weaknesses"; "Whistle-blowing: An Accountants' Duty to Disclose A Client's Illegal Acts"; "Pleading Motions under the Private Securities Litigation Reform Act of 1995"; co-authored, with Stephen D. Oestreich, an article entitled, "Safe Harbor Provisions for Forward-Looking Statements," published by the Association of the Bar of the City of New York, Corporate & Securities Law Updates, Vol. II, May 12, 2000; and co-authored, with Marian P. Rosner, an article entitled, "Discovery Issues in Cases Involving Auditors," appearing in the 2002 PLI Handbook on "Accountants' Liability After Enron.

Cases in which Mr. Lencyk actively represented plaintiffs where Wolf Popper was lead, co-lead, or executive committee counsel include In re Community Psychiatric Centers Securities Litigation, SA CV-91-533-AHS (Eex) (C.D. Cal.) and McGann v. Ernst & Young, SA CV-93-0814-AHS (Eex) (C.D. Cal.); In re Danskin Securities Litigation, Master File No. 92 CIV. 8753 (JSM) (S.D.N.Y.); In re JWP Securities Litigation, Master File No. 92 Civ. 5815 (WCC) (S.D.N.Y.); In re Porta Systems Securities Litigation, Master File No. 93 Civ. 1453 (TCP) (E.D.N.Y.); In re Leslie Fay Cos. Securities Litigation, No. 92 Civ. 8036 (S.D.N.Y.); Berke v. Presstek, Inc., Civ. No. 96-347-M (MDL Docket No. 1140) (D.N.H.); In re Micro Focus Securities Litigation, No. C-01-01352-SBA-WDB (N.D. Cal.); Dusek v. Mattel, Inc., et al., CV99-10864 MRP (C.D. Cal.)) ($122 million global settlement); and In re Sonus Networks, Inc. Securities Litigation-II, No. 06-CV-10040 (MLW) (D. Mass.).  Recently, Mr. Lencyk actively participated in In re AIG ERISA Litigation, No. 04 Civ. 9387 (JES) (S.D.N.Y.), resulting in a $24.2 million settlement.  Mr. Lencyk also currently represents plaintiffs as part of Plaintiffs’ Steering Committee in In re Mutual Funds Investment Litigation, MDL No. 1586 (D. Md.), and as one of plaintiffs’ co-lead counsel in In re Citigroup ERISA Litigation, No. 07-Civ. 9790 (SHS) (S.D.N.Y.), and In re AIG ERISA Litigation II, No. 08 Civ. 5722 (LTS) (S.D.N.Y.).

Court decisions in which Mr. Lencyk played an active role on behalf of plaintiffs include: In re Principal U.S. Property Account ERISA Litigation, 10-cv-198, 2011 U.S. LEXIS 52978 (S.D. Iowa, May 17, 2011) (denying defendants’ motion to dismiss);  In re AIG ERISA Litigation II, No. 08 Civ. 5722(LTS), 2011 U.S. Dist. LEXIS 35717 (S.D.N.Y. May 31, 2011)(denying in substantial part defendants’ motions to dismiss); In re Mutual Funds Investment Litigation, 384 F. Supp. 2d 845 (D. Md. 2005) (denying in substantial part defendants’ motions to dismiss), In re Alger, Columbia, Janus, MFS, One Group, Putnam, Allianz Dresdner, MDL No. 15863-JFM - Allianz Dresdner subtrack (D. Md. Nov. 3, 2005) (denying in substantial part defendants’ motions to dismiss), and In re Alliance, Franklin/Templeton, Bank of America/Nations Funds and Pilgrim Baxter, MDL No. 15862-AMD – Franklin/Templeton subtrack (D. Md. June 27, 2008) (same); In re AIG ERISA Litigation, No. 04 Civ. 9387 (JES) (S.D.N.Y. Dec. 12, 2006) (denying defendants’ motions to dismiss in their entirety); Dusek v. Mattel, Inc., et al., CV99-10864 MRP (C.D. Cal. Dec. 17, 2001) (denying defendants' motions to dismiss Section 14(a) complaint in their entirety); In re Micro Focus Sec. Litig., Case No. C-00-20055 SW (N.D. Cal. Dec. 20, 2000) (denying motion to dismiss Section 11 complaint); Zuckerman v. FoxMeyer Health Corp., 4 F. Supp.2d 618 (N.D. Tex. 1998) (denying defendants' motion to dismiss in its entirety in one of the first cases decided in the Fifth Circuit under the Private Securities Litigation Reform Act of 1995); In re U.S. Liquids Securities Litigation, Master File No. H-99-2785 (S.D. Tex. Jan. 23, 2001) (denying motion to dismiss Section 11 claims); Sands Point Partners, L.P., et al. v. Pediatrix Medical Group, Inc., et al., Case No. 99-6181-CIV-Zloch (S.D. Fla. June 6, 2000) (denying defendants' motion to dismiss in its entirety); Berke v. Presstek, Inc., Civ. No. 96-347-M (MDL Docket No. 1140) (D.N.H. Mar. 30, 1999) (denying defendants' motion to dismiss); Chalverus v. Pegasystems, Inc., 59 F. Supp. 2d 226 (D. Mass. 1999) (denying defendants' motion to dismiss); Danis v. USN Communications, Inc., 73 F. Supp. 2d 923 (N.D. Ill. 1999) (denying defendants' motion to dismiss in case); In re JWP Inc. Securities Litigation, 928 F. Supp. 1239 (S.D.N.Y. 1996) (denying defendants' motion for summary judgment); In re Danskin Securities Litigation, Master File No. 92 CIV. 8753 (JSM) (S.D.N.Y. Feb. 23, 1994) (denying corporate and underwriter defendants' motions to dismiss in all respects); see also In re UCAR International Inc., Securities Litigation, No. 3:98cv600 (JBA) (D. Conn.) (case settled during pendency of defendants' motion to dismiss).

Mr. Lencyk became a partner at Wolf Popper effective January 1, 2003. He is admitted to the Bar in Connecticut and New York.