Andrew S. Gordon

Andrew Gordon provides his clients with deep insight on government procurement, public sector capital projects, real estate transactions and transportation issues from his 29 years of experience as a former attorney for Pennsylvania government. Before joining Saul Ewing Arnstein & Lehr, Andrew served as chief counsel for the agency responsible for core operations of state government, the Pennsylvania Department of General Services. Before that, he was chief counsel of the Pennsylvania Department of Transportation (PennDOT) for 17 years, during which he had frequent interaction with the Governor’s Office as well as with legislators and their staff as he managed the legal office of an agency with a budget of more than $6 billion.

Andrew built his skills as a litigator through his work in the Pennsylvania Office of Attorney General, where he was both chief and deputy attorney general for the Litigation Section. The latter role required him to represent many executive branch agencies in state and federal trial and appellate litigation and he argued two cases before the U.S. Supreme Court. He has appeared numerous times before the Commonwealth Court, the Pennsylvania Supreme Court federal District Courts and federal Courts of Appeals. He also spent eight years handling commercial litigation in private practice, where he represented clients dealing with state government, including the Departments of Banking, Insurance, Revenue, Environmental Resources and General Services.

Government procurement and capital projects

Andrew understands the challenges his clients face in trying to win government contracts and provide services to support the development of capital projects from his experience overseeing the procurement of goods and services for the Commonwealth of Pennsylvania’s executive agencies and providing advice on capital projects contracting matters.

Select representations include:

  • Had a lead role in developing and implementing the Small Business Procurement Initiative, which revamped contracting rules in the Commonwealth of Pennsylvania to encourage the development of small and disadvantaged businesses;
  • Advised PennDOT on contracts and procurement;
  • Supervised state oversight on the development of the Philadelphia Southport Marine Terminal, a P3 project along the Delaware River; and
  • Supervised legal aspects of the Philadelphia Convention Center expansion project

Real estate transactions and transportation issues

In his role as legal advisor to the Secretary of Transportation and senior staff, Andrew provided counsel on issues relating to highways, motor vehicles, aviation, mass transit, rail and ports. His work included drafting PennDOT contracts and regulations and advising on issues such as construction contracting and litigation, real property acquisition, tort litigation and environmental matters. He was also involved in the effort to seek solutions to Pennsylvania’s crisis in transportation funding.

Select representations include:

  • Led PennDOT team negotiating the lease of Interstate 80 to the Pennsylvania Turnpike and the legal team involved in developing the plan to lease the turnpike to a private operator;
  • Handled a case involving the Commonwealth of Pennsylvania’s liability regarding the refunding of more than $500 million in fees to interstate motor carriers;
  • Represented the Commonwealth of Pennsylvania in a matter involving amenability of the Commonwealth to suit under the Superfund Act; and
  • Represented a German manufacturer in construction litigation relating to a building leased by the Commonwealth.

Other litigation experience

Andrew has experience with significant litigation cases involving a wide range of issues, from civil rights and employment claims to insurance matters and challenges to the legality of state programs.

  • Represented the Governor of Pennsylvania in a case challenging a state law restricting abortions and whether the requirements unconstitutionally interfered with the right to privacy. Argued the case, Thornburgh v. American College of Obstetricians and Gynecologists, before the U.S. Supreme Court.
  • Represented the Commonwealth of Pennsylvania in a case challenging state regulations limiting underground coal mining against claims that the state violated the Takings Clause. Argued the case, Keystone Bituminous Coal Assoc. v. DeBenedictis, before the U.S. Supreme Court, which ruled the limits did not constitute a taking.
  • Defended the legality of gender-based insurance rates on behalf of the Commonwealth of Pennsylvania.
  • Represented the Commonwealth of Pennsylvania in a challenge to the constitutionality of a ban on bank-insurance company affiliations.

In addition to his Pennsylvania bar admission, Andrew is also admitted to practice in the U.S. Supreme Court, U.S. Court of Appeals for the 3rd Circuit, the U.S. District Court for the Middle and Eastern Districts of Pennsylvania and the Pennsylvania Supreme Court.

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