Andrew M. Unthank

Biography

Cases

• Representing Whirlpool in industry-wide consumer class action litigation alleging tens of millions of gas cooking products emit harmful pollutants in homes.
• Won full dismissal with prejudice for Whirlpool of consumer class action brought by five plaintiffs from five states representing seven putative classes in the lead case among an industry-wide series of copycat actions alleging cooktop knobs are prone to unintended activation.
• Won a favorable jury verdict in a $350 million personal injury trial for a motorcyclist accused of negligence causing his passenger's catastrophic injuries. WTO's defense compelled the jury to find our client just 5% liable and assign 95% of liability to another party.
• Represented a 100-year-old precious metals refiner against a Newmont Corporation subsidiary's allegations of civil theft, claiming our client stole millions in gold and other precious metals. Obtained significant monetary recovery and public withdrawal of all civil theft allegations and dismissal of all claims with prejudice.
• Successfully represented a major North American resort owner and operator in multiple consumer class actions seeking refunds following the company's closure of its ski resorts during the COVID-19 pandemic.
• Successfully represented a major telecommunications company in an MDL involving 18 underlying consumer, securities, and derivative class actions that challenged the company's marketing and sales practices.
• Achieved favorable resolution after winning dismissal of 19 of 25 claims in a proposed class action alleging false advertising of the horsepower output of Whirlpool's KitchenAid blenders.
• Represented medical device manufacturer in wrongful death and personal injury claims brought by the survivors and estates of a triple-fatality apartment fire, and negotiated nuisance-value settlement following deposition of Plaintiffs' fire cause and origin expert.
• Retained by a Fortune 100 petroleum refiner and marketer to join the trial team defending a commercial dispute involving $75 million in alleged damages for breach of a transportation and fractionation contract. Negotiated favorable resolution on eve of trial.
• Defeated class certification amid allegations that 2,000,000 Whirlpool-made ovens were prone to overheat. WTO attorneys disqualified the plaintiffs' expert witness and successfully argued that the claims were overly broad and the plaintiffs' purported theories for failure were too many to achieve certification.
• Served as the first-chair litigator for a Fortune 100 company against a former dealer and obtained an arbitration award including the full principal amount claimed plus attorneys' fees and costs.
• Developed a successful legal challenge to class action claims brought under the Colorado Consumer Protection Act against a national nursing home chain and its affiliated companies and obtained a complete dismissal of all consumer protection claims brought by the proposed class.
• Defended a franchisor against fraud claims made by franchisees, who sought tens of millions of dollars in actual and punitive damages. After a five-week trial, WTO won judgment for our client. The court awarded $2 million in attorneys' fees against the franchisees.

Publications & Speaking Engagements

Presentations

• Panelist, "Death by Treadmill," Sports & Entertainment Risk Management Alliance (January 18, 2024).
• Presenter, "Managing Marketing Risks in a New Era of Consumer Class Action Attacks," Whirlpool Legal and Marketing Teams (November 7, 2023).

Other Articles/Presentations

• Moderator, "Make it Your Exhibit A, not Theirs: Documentation Strategies for Success at Trial," 2020 DRI Products Liability Conference, (February 2020).
• "All About Inclusion: A Conversation With Hiring Managers in Private Practice and Corporate In-House Departments," panelist at the 2019 CLI Legal Inclusiveness & Diversity Summit, (August 2019).
• Presenter, "Lessons Learned on the Road From Small Claim to Product Recall," In-house and outside counsel at Whirlpool's 2015 National Counsel Summit, (October 2015).
• Presenter, "2013-2014 eDiscovery Case Law Update," The COALSP 8th Annual eDiscovery Summit, (October 2014).
• Presenter, "Marketing Class Action Update," In-house counsel and business stakeholders at Whirlpool's Global Headquarters, (August 2014).
• Presenter, "2012-2013 eDiscovery Case Law Update," The COALSP 7th Annual eDiscovery Summit, (October 2013).
• Presenter, "Green Building in Colorado: Know the Risks!," Wheeler Trigg O'Donnell, (November 2009).
• "An Architect's Guide to Understanding Modern Copyright Protection for Architectural Works," Preventive Law Reporter, University of Denver Sturm College of Law, Vol. 22, No. 3,(2004).

Press

• Vault: WTO #11 Nationwide Best Midsize Law Firm to Work For
• "Casting a Wider Net: WTO's Summer Program is Part of a Plan to Hire More Fresh Grads," Law Week Colorado, September 2, 2019.
• Colorado Consumer Protection Act: WTO Helps Scuttle Effort to Allow Private Class Actions
• WTO Leads Top 100 in Colorado Super Lawyers
• Law360, "Whirlpool Customers Lose Cert. Bid Over Oven Overheating," May 9, 2017.
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• Law360, "Lawyers Weigh In on High Court's Class Action Ruling," January 20, 2016.
• Law360, "Sears, Whirlpool Settle Dishwasher Row With Repairs, Rebates," September 14, 2015.
• Law Week Colorado, "Wheeler Trigg O'Donnell Names Two New Partners," December 10, 2012.
• WTO Elects New Partners Andrew Unthank and Tamera Westerberg
• Denver Business Journal, "Colorado Business Worries Proposal Would Expose Trade Secrets," March 16, 2012.
• WTO Defends Colorado Coffee Franchisor Against Breach-of-Contract and Fraud Claims

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Personal Interests