Andrew is a former Supreme Court clerk for Justice Sandra Day O’Connor and a former federal prosecutor with more than 25 years of experience in civil and criminal litigation. He represents clients in federal and state courts and in investigations and enforcement matters before numerous federal and state agencies, including the Department of Justice, Federal Trade Commission, Federal Election Commission, Federal Communications Commission and state attorneys general. Andrew has successfully represented numerous clients in complex civil litigation, including class action and qui tam defense. He has handled more than 50 appeals in federal and state court, including many successful challenges to agency rules and enforcement decisions.
After clerkships on the D.C. Circuit and the Supreme Court, Andrew served in Main Justice as an associate deputy attorney general and an assistant to the attorney general under Attorneys General Dick Thornburgh and William P. Barr. He then spent seven years as an AUSA in the Eastern District of Virginia, the so-called “Rocket Docket,” where he tried more than 30 civil and criminal cases. These experiences, combined with 20 years of private practice in Washington D.C., have made Andrew a well-known Washington presence, with important contacts throughout the Executive Branch and on Capitol Hill. In private practice, he has been selected as lead counsel in numerous industry-wide cases, representing clients in major regulated industries, including internet service providers, equipment manufacturers, wireless telecom providers, cable operators, television and radio broadcasters, healthcare providers, and entertainment companies.
Andrew is known as a keen strategist whose novel and creative approaches to regulatory and appellate issues effectively advance his clients’ interests. As a result, Andrew was named one of 50 “Litigation Trailblazers” by The National Law Journal for his development and defense of individual arbitration clauses in standard retail contracts. He has also been named one of “America’s Leading Lawyers for Business” by Chambers USA.
He has been quoted in The Washington Post, The New York Times, Huffington Post, The Christian Science Monitor and the Richmond Times-Dispatch on white-collar and public-corruption cases, and has appeared on ABC News, Fox News, PBS NewsHour, NPR and C-SPAN discussing white-collar and national security issues.
Andrew has handled numerous pro bono matters, including the successful representation of minority police officers in employment discrimination actions.
Successfully represented corporate client in libel action, obtaining a complete retraction of the statement libeling the client’s business reputation. (2018)
Successfully represented Time Warner in divestiture of radio and satellite licenses as part of merger with AT&T. (2016-17)
Overturned False Claims Act conviction of government contractor in the Ninth Circuit. United States v. Martin. (2015)
Won a decision from the U.S. Court of Appeals for the 9th Circuit invalidating a San Francisco city ordinance requiring radio-frequency emissions warnings on cell phones on the grounds that it violated commercial speech protections. CTIA – The Wireless Association v. San Francisco (2012)
Represented a group of law professors as amici curiae in the Supreme Court decision in AT&T Mobility v. Concepcion, proposing the statutory theory under the Federal Arbitration Act that was adopted by Justice Clarence Thomas in his concurrence, providing the critical fifth vote for the petitioner in that case. (2011)
Won a ruling in the U.S. Court of Appeals for the D.C. Circuit rejecting attempts by the Recording Industry Association of America to use Digital Millennium Copyright Act subpoenas to obtain private subscriber data from internet service providers. RIAA v. Verizon. (2003)
Member, American Bar Association, Section of Antitrust Law
Member, Federal Communications Bar Association (FCBA)
Listed in The Best Lawyers in America, Appellate Law, 2010 - present, Communications Law, 2013 - present
Named Washington, D.C. Communications Law "Lawyer of the Year", The Best Lawyers in America, 2013
Named a “Super Lawyer”, Washington, D.C., Super Lawyers for Communications, 2010 - 2018
Named one of “America's Leading Lawyers for Business”, Telecom, Broadcast & Satellite, Chambers USA, 2006 - 2016
Recommended by The Legal 500: Industry Focus: Telecom Law in the area of Litigation, 2009, Copyright, 2011 - 2014, Telecom and Broadcast Regulatory Law, 2010 - 2014, Supreme Court and Appellate Law, 2015, Appellate Law, 2016
"AV Peer Review Rated", Martindale-Hubbell, 2019
McBride Previews Potential Supreme Court Battle Over ‘Chevron’ Deference
September 5, 2019