Attorneys | Counsel

Andre Castaybert
Counsel

Andre Castaybert joined LLF as counsel in 2010 and has more than 22 years of experience as a commercial litigator, 20 of them at Proskauer Rose LLP, where he started his career.   

Mr. Castaybert has a broad range of experience litigating complex commercial disputes in New York state courts, particularly the Commercial Division, and in federal courts in Delaware, Illinois, New Jersey and the Southern and Eastern Districts of New York. He also has significant experience in arbitrations, having represented clients before the Arbitration Tribunal of the International Chamber of Commerce and the American Arbitration Association.  

A significant part of Mr. Castaybert’s practice is the representation of major financial institutions in matters involving an array of financial agreements, including corporate guarantees, financial guarantee insurance, SWAPS, margin and brokerage agreements, repo agreements, letters of credit, private placement memoranda, and securitization-related agreements. As part of his practice in this area, Mr. Castaybert has worked with industry experts in finance, valuations, appraisals, accounting, tax, compliance, securitization and transactional due diligence, among other fields. 

Mr. Castaybert also has significant experience litigating insurance coverage disputes, on behalf of policyholders, that typically involve the interpretation and application of the relevant insurance policy. His experience spans a wide variety of specific types of insurance, including directors and officers’ liability insurance, commercial property insurance, financial guaranty and credit risk insurance, and employment practices liability insurance.

Mr. Castaybert has also represented and advised clients in intellectual property matters, including companies in the pharmaceutical, fashion, music and toy industries. Those matters have often involved licensing and distribution agreements whose interpretation raised related patent, copyright, trademark, royalty or valuation issues. He has successfully represented clients in trade secret cases and in the enforcement of employee non-competition agreements.

Many of the matters that Mr. Castaybert has litigated have been transnational, raising complex legal questions regarding the proper forum of the action, choice-of-law issues, and the application of and proof required under foreign law. Those matters have often involved foreign discovery under the Hague Convention in such countries as England, France, Belgium, Luxembourg and Switzerland, as well as discovery in the U.S. in aid of foreign proceedings.

Mr. Castaybert received his law degree in 1988 from New York University School of Law, where he was a staff member of the Journal of International Law and Politics.  He received his bachelor degree in International Politics in 1985 from Columbia College, Columbia University. 

Mr. Castaybert is a member of the New York City Bar Association, where he has served on several committees, including the Committee on European Affairs, on which he currently serves. He is also a member of the French American Bar Association and is active on the program committee of the Columbia University Club in New York. Mr. Castaybert is fluent in French and has represented multiple French clients. On weekends, he coaches his young sons and their teams in baseball, soccer and basketball.

Publications:

• Author of Chapter 17, "Trials", in Proskauer on International Litigation and Arbitration (2007)
• "Confiding in the Government: Corporate Fraud Brings New Pressures to Provide Disclosure to the Government," 18 The Corporate Counselor (October 2003).
• "Foreign Money Judgments, Two Appellate Courts Address Enforcement in U.S.,"” New York Law Journal (June 25, 2001).
• Primary Associate Drafter, Chapter 57: "Employee Non-Competition Obligations During Employment and After Departure" in New York Employment Law, Bender’s New York Practice Series (1992).
• Co-Author, "Procedural Bully: The United States Uses Its Discovery Rules to Protect American Business Without Regard for Equity or Other Nations’ Sovereignty," Legal Times, Vol. 15, No. 6, p. 523, col. 1 (1992)

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