Andrew W. Owen

Partner

Andy is an experienced business litigator focusing his practice on the representation of clients in the commercial mortgage-backed securities industry, with particular emphasis on default administration for corporate trustees and master and special servicers of commercial mortgage securitized trusts. He has expertise in all aspects of workouts, foreclosures, deeds-in-lieu, bankruptcy proceedings, and receiverships involving multimillion dollar commercial properties such as hotels, office buildings, shopping centers, and apartments. Andy also represents a wide range of clients in all aspects of complex business disputes, including business torts, surety representation, breach of contract and warranty, toxic tort and product liability defense, unfair trade practices and non-competition agreements, and defense of class action claims.

Education & Admissions

Education

  • University of Virginia

    (B.A., with honors, 1989)

  • The George Washington University Law School

    (J.D., 1992)

Admissions

  • State of Ohio
  • U.S Court of Appeals, Sixth Circuit
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio

Experience

  • Represented securitized lender in successful foreclosure of $50 million shopping center that involved multiple claims of tenants and third-parties, including environmental clean-up issues.
  • Represented securitized lender in deed-in-lieu transaction involving two hotel properties, both of which required navigating intellectual property and vendor/supplier issues relating to the property.
  • Represented securitized lender in successful foreclosure of large manufactured home/mobile home property.
  • Represented securitized lender in structured note sale involving a large multi-family property.
  • Represented securitized lender in successful foreclosure of multiple properties of big box retailer involving bankruptcy estate issues.
  • Successfully prosecuted actions on behalf of ERISA Plans regarding their right of subrogation and recovery against third-parties.
  • Successfully defended corporations against putative class action litigation; experienced with using the provisions of the Class Action Fairness Act to secure positive results in the defense of class action litigation.
  • Represented developers and commercial property managers in litigation involving defaulted tenants and receiverships.

Publications & Presentations

Client Alerts

  • “House Passes Package of Mortgage Bills Including Changes to TRID and ‘Madden Fix,’” Ulmer & Berne LLP Client Alert (February 2018)

Publications

  • “Commercial Bankruptcy Litigation and Strategic Alternatives For And Against Distressed Businesses,” Ohio Chapter, (2023 edition)
  • “Strategic Alternatives For and Against Distressed Businesses,” Contributor, Westlaw (2022 edition)

Presentations

  • “Pandemic-Related Immunity Under Ohio Law,” American Inns of Court, Chief Justice Moyer Inn (November 2020)
  • “Financial Litigation Reform in the Age of Trump,” Ulmer, Financial Services & Securities Litigation Hot Topics (November 2017)
  • Frequent speaker at programs sponsored by the Columbus Bar Association and the National Business Institute, including: Advanced Trial Tactics: Summations and Jury Instructions (December 2014), and Practical Considerations for the Use of Electronically Stored Information to Win your Case (April 2014)

Involvement

PROFESSIONAL AFFILIATIONS

  • American Bar Association
  • Ohio State Bar Association (Council of Delegates, July 2019 – present; Fellow; Young Lawyers Section, Past Chair)
  • Columbus Bar Association (Judicial Campaign Advertising Review Committee)
  • Ohio Association of Civil Trial Attorneys

COMMUNITY INVOLVEMENT

  • Leadership Columbus (Class of 2015)
  • Children’s Hunger Alliance (Former Board Member)
  • Worthington Presbyterian Church (Past Elder)
  • Active member of VoiceCorps, a reading service for the blind and visually impaired
  • Columbus Academy (Development Committee)

Honors

  • Named to The Best Lawyers in America – Commercial Litigation (2015-2023)
  • AV Preeminent Peer Review Rated – Martindale-Hubbell
  • Named to the Ohio Super Lawyers list (2004-2016)
  • Named a “Forty Under 40” award recipient by Columbus Business First (Class of 2002)

Personal

As a certified baseball umpire, Andy has the expertise to analyze a situation and make the right call, even when things get tense. He brings those same skills to bear in his business litigation practice.