About LGP

We leverage diversity of expertise and depth of experience to relentlessly advocate on behalf of our clients’ business, transactional and litigation needs. Client Partnerships Defined by Access, Communication, and Trust We at Liebler, more...

Real Estate & Real Estate Finance

Liebler, Gonzalez & Portuondo’s Real Estate practice group provides a broad spectrum of legal services across virtually all real estate sectors and serves its investor and institutional clients in the core real estate more...

Premises Liability

From Fortune 500 companies to municipal institutions, Liebler, Gonzalez & Portuondo represents clients in premises liability actions arising out of business operations. The successful defense of these claims often turns on early identification more...

Corporate & Business Litigation

Our corporate and business practice provides a broad range of legal services for every legal need that arises during the life cycle of a business. From selecting the appropriate type of entity to more...

Andrew Kemp-Gerstel

Mr. Andrew Kemp-Gerstel is a Shareholder in the Firm’s Litigation Department. Mr. Kemp-Gerstel joined the Firm in 2007 and focuses his practice in the areas of consumer protection statute defense, loan servicing, transportation network companies, premises liability, assisted living facilities, personal injury, third-party logistics and transportation, trucking and automobile negligence, negligent security, wrongful death, professional liability, medical malpractice, and errors & omissions coverage.

Mr. Kemp-Gerstel has significant experience defending individual and class consumer claims, including suits arising under the Federal Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act, the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Credit Reporting Act, the Lanham Act, and claims arising from state fair lending, collection, and deceptive trade practice laws. In addition, he represents creditors in bankruptcy court in Chapter 7 and Chapter 11 adversary matters.

Mr. Kemp-Gerstel has first chaired numerous trials resulting in successful verdicts for institutional banking clients. Mr. Kemp-Gerstel was also a member of a defense trial team that received a directed verdict in favor of the defendant on a large breach of fiduciary duty and negligence claim. In addition to his representation of institutional lending and banking clients, Mr. Kemp-Gerstel also represents one of the country’s largest distributors of fresh seafood in a variety of domestic litigation and international transactional matters. Mr. Kemp-Gerstel has also represented insureds on a wide array of insurance related issues including matters arising from professional liability, professional negligence, third-party logistics, negligent security, vehicle negligence, construction defects, property damages, advertising injury, and errors & omissions coverage. In addition, Mr. Kemp-Gerstel has handled a variety of individual and class lawsuits for one of the largest transportation network companies in the World.

Mr. Kemp-Gerstel received his Juris Doctor from Vanderbilt University Law School, where he was an Honors Scholar. He received his Bachelor of Arts cum laude while enrolled in the Honors Program at the University of Miami, where he was named to the Provost’s Honor Roll.

Practice Areas:
Appellate Practice and Litigation Support, Commercial Litigation, Consumer Protection Statute Defense, Consumer Retail Banking & Financial Services Litigation, Corporate & Business, Director Officer Liability, Insurance Litigation, Premises Liability, Third Party Logistics (3PL) / Transportation
Vanderbilt University Law School, J.D., Honors Scholar, Moot Court, Mock Trial, 2007
University of Miami, B.A., Honors Program, cum laude, Provost’s Honor Roll, 2004
Bar and Court Admissions:
District of Columbia
New York
Unites States Court of Appeals for the Eleventh Circuit
Professional Memberships and Community Involvement:
Miami-Dade Teen Court Program – Judge
Wilkie D. Ferguson, Jr., Bar Association
Dade County Bar Association
Habitat for Humanity
Overtown Youth Center
Miami Bridge Youth and Family Services
Leadership Miami Class Alumni, 2012-2013
Bully Free-0-5 Miami-Dade Public High School Art & Film Festival
Greater Miami Chamber of Commerce HYPE “Go-Getter” HYPE Award Nominee, 2013
Leadership Miami Facilitator, 2013-2015
Florida Super Lawyers Rising Star, 2015, 2016, 2017, 2018
Wilkie D. Ferguson, Jr., Bar Association 2015 Rising Star Award Finalist
Wilkie D. Ferguson, Jr., Bar Association Executive Board Member – Secretary 2015-2018
National Bar Association
Co-Chair National Bar Association Young Lawyer Division Clemency Project 2014
Dibia D.R.E.A.M. – Board Member
Leadership Miami Executive Planning Committee – Facilitators Co-Chair – 2015-2016
Miami Fellows – Class IX
City of Miami Community Advisory Board – Board Member
Noteworthy Opinions:
• Obtained Final Order of Dismissal on dispositive motion in favor of one of the nation's largest transportation companies and TNC driver sued for wrongful death following the death of a former passenger. Also handled oral argument before the Fourth District Court of Appeals and obtained a per curiam affirmation of the dismissal. 266 So. 3d 1172 (Fla. 4th DCA 2019)
• Member of a trial team on a week-long jury trial ending in a directed verdict in favor of our corporate client on claims involving alleged negligence, breach of contract, and breach of fiduciary duty.
• Defense judgments in multiple bench trials in favor of banking clients sued for violations of the FDCPA and FCCPA.
• Judgment in favor of national banking client after 5 day bench trial where client sought affirmative relief and was sued for multiple alleged counterclaims.
• Multiple orders of summary judgment in favor of defendant property owners and property managers for claims of alleged negligence in matters involving bodily injuries.
• Obtained order dismissing nationally chartered banking institution defendant with prejudice from federal suit alleging FDCPA violations.
• Secured order dismissing mortgagee with prejudice from federal suit seeking injunctive relief and punitive damages stemming from alleged improper loan servicing.
• Obtained order of dismissal with prejudice in favor of nationally chartered banking institution defendant sued in federal court for allegedly fraudulent loan modification practices.