Andrew G. McBride Partner

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 actions, contract disputes, disaster litigation and qui tam defense, and FCPA investigations. 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, pharmaceutical distributors, aviation companies, professional sports teams, construction suppliers, healthcare providers, and entertainment companies.  Andrew has defended against almost every tort the plaintiffs’ bar has come up with and almost every alleged violation state attorneys’ general have pursued.

Andrew is known as a keen strategist whose novel and creative approaches to civil and criminal matters advance his clients’ interests quickly and efficiently. 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.

Andrew has been quoted in The Washington Post, The New York Times, the Los Angeles Times, Huffington Post, The Christian Science Monitor and the Richmond Times-Dispatch on civil and criminal matters, and has appeared on ABC News, Fox News, PBS NewsHour, NPR and C-SPAN discussing a wide range of legal issues.

Andrew has handled numerous pro bono matters, including the successful representation of minority police officers in employment discrimination actions.

Experience

Successfully defended government contractor in qui tam action, obtaining voluntary dismissal after briefing on motion to dismiss. (2019)

Successfully represented entertainment company in civil and criminal litigation stemming from disaster causing loss of life. (2019)

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)

Represented producer of building materials in numerous class actions over alleged off-gassing of noxious chemicals from wood products. (2016)

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)

  • Stanford Law School, JD, with distinction, Order of the Coif, 1987
  • College of the Holy Cross, BA, magna cum laude, Phi Beta Kappa, 1982

Member, American Bar Association, Section of Antitrust Law

Member, Federal Communications Bar Association (FCBA)

  • District of Columbia
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the 1st Circuit
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 3rd Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 5th Circuit
  • U.S. Court of Appeals for the 6th Circuit
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. Court of Appeals for the 8th Circuit
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the District of Maryland

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 - 2019

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

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