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About:
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.) (total class recovery of $54.5 million against company and its
outside auditors); In re Danskin Securities Litigation, Master File No. 92 CIV. 8753 (JSM)
(S.D.N.Y.) (class recovery of approximately $3 million); In re JWP Securities Litigation, Master
File No. 92 Civ. 5815 (WCC) (S.D.N.Y.) (class recovery of approximately $36 million); In re
Porta Systems Securities Litigation, Master File No. 93 Civ. 1453 (TCP) (E.D.N.Y.) (class
recovery of $3.25 million plus 1.1. million shares of common stock); In re Leslie Fay Cos.
Securities Litigation, No. 92 Civ. 8036 (S.D.N.Y.) ($35 million settlement); Berke v. Presstek,
Inc., Civ. No. 96-347-M (MDL Docket No. 1140) (D.N.H.) (class recovery of $22 million in
stock); In re Micro Focus Securities Litigation, No. C-01-01352-SBA-WDB (N.D. Cal.) ($4.25
million settlement). Recently, Mr. Lencyk actively participated in the Mattel securities litigation
(Dusek v. Mattel, Inc., et al., CV99-10864 MRP (C.D. Cal.)), which resulted in a $122 million
global settlement, currently before the Court for approval.
Court decisions in which Mr. Lencyk played an active role on behalf of plaintiffs include: 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
ultimately resulting in class recovery of $44.7 million); 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 for $40
million 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.
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CONTACT:
Telephone:
(212) 451-9628
Facsimile:
(212) 486-2093
(877) 370-7704
Email:
alencyk@wolfpopper.com
Education:
Fordham University School of Law (J.D., 1992)
Fordham College (B.A. magna cum laude, 1988)
Admissions:
New York
Connecticut
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