Photo of Andrew G. McBride

Education

J.D., with distinction, Stanford Law School; Order of the Coif

B.A., magna cum laude, College of the Holy Cross; Phi Beta Kappa

Clerkships

Law Clerk for the Honorable Sandra Day O'Connor, Supreme Court of the United States (1988-1989)

Law Clerk for the Honorable Robert H. Bork, U.S. Court of Appeals for the District of Columbia Circuit (1987-1988)

Bar and Court Admissions

District of Columbia Bar

New York Bar

Supreme Court of the United States

U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits

U.S. District Courts for the District of Columbia, District of Maryland, Eastern District of New York, Northern District of New York, Southern District of New York, and Western District of New York

U.S. Court of Federal Claims

Andrew, named by Chambers USA as one of “America’s Leading Lawyers for Business,” is described as an “excellent attorney” (2013) and a “fantastic asset” (2012) and with more than 25 years of experience as a public and private litigator “whose valuable litigation expertise includes deep knowledge of appellate law” (2013). In recognizing him as one of the top national attorneys in matters before the Supreme Court or on appeal, The Legal 500 US remarked that he “has a superb reputation before the Supreme Court and before the Country’s appellate courts.”(2015) He is a former law clerk to Supreme Court Justice Sandra Day O’Connor and served 10 years in the Department of Justice, including seven as an Assistant U.S. Attorney in the “Rocket Docket” in the Eastern District of Virginia. Andrew specializes in legal issues surrounding wireless technologies, the Internet, and all forms of new media, including copyright, patent, federal preemption defenses, class action defense, enforcement of arbitration clauses, and First Amendment protection for commercial speech. He also has extensive experience defending enforcement actions before the Federal Communications Commission (FCC), state public utility commissions, and state attorneys general.

Representative Experience

  • Obtained a preliminary and permanent injunction on First Amendment compelled speech grounds against a new San Francisco ordinance requiring radio frequency (RF) emission warnings on all cell phones.
  • Successfully drafted and defended individual arbitration clauses against potential class actions and class arbitrations throughout the country.
  • Won an important D.C. Circuit decision limiting use of Digital Millennium Copyright Act (DMCA) subpoenas to obtain private subscriber data from Internet service providers.
  • Extensive experience in privacy and cybersecurity counseling, including compliance programs, Internet service provider rights and duties, and maintaining network integrity.
  • Won a dismissal on summary judgment of a $350 million class action on the merits and successfully defended the result before the Hawaii Supreme Court.
  • Extensive fraud, white collar and forfeiture trial and appellate experience as both a federal prosecutor and defense attorney.
  • Successfully obtained summary judgment on issue of whether the use of ringtones constituted a public performance for which service providers owed royalty payments.
  • Assisted in successful defense of patent infringement action against wireless modems in the Eastern District of Virginia.
  • Won a groundbreaking Eighth Circuit decision preempting state legislative authority over wireless rates and pricing policies.

Professional Experience

  • U.S. Department of Justice
    • Assistant to the Attorney General, Office of the Attorney General (1991-1992)
    • Associate Deputy Attorney General, Office of the Deputy Attorney General (1990-1991)
    • Special Assistant, Office of Legal Counsel (1989-1990)
  • Assistant U.S. Attorney, U.S. Attorney's Office for the Eastern District of Virginia (1992-1999) and Chief of Appeals for the District (1992-1993)
  • Adjunct Professor, Stanford University, Stanford in Washington Program (1990-1992)

Affiliations

  • American Bar Association (ABA), Section of Antitrust Law
  • Federal Communications Bar Association (FCBA)
  • Board of Visitors, Stanford Law School

Recognitions

  • Recognized as one of the nation's top Litigation Trailblazers & Pioneers by The National Law Journal (2014)
  • Named the Washington, DC Communications Law "Lawyer of the Year" by The Best Lawyers in America directory (2013)
  • Included in The Best Lawyers in America directory for Appellate Law (2010-2017) and Communications Law (2013-2017)
  • Named one of DC's "Super Lawyers" for Communications by Super Lawyers magazine (2010-2016)
  • Named by The Legal 500 US a "recommended lawyer" in Telecom Law in the area of Litigation (2009), Copyright (2011-2014), Telecom and Broadcast Regulatory Law (2010-2014), Supreme Court and Appellate Law (2015), and Appellate Law (2016)
  • Listed by Chambers USA as one of "America's Leading Lawyers for Business" in Telecom, Broadcast & Satellite (2006-2016)
  • Named by Lawdragon as one of America's "3000 Leading Lawyers in America" (2007, 2010-2011)
  • Director's Award for Superior Performance as an Assistant U.S. Attorney (1998)
  • Attorney General's Award for Distinguished Service (1992)
  • Edmund C. Randolph Award (1990)
  • Rotary Scholar (1983-1984)
  • AV Peer Review Rating, Martindale-Hubbell's highest ranking by peers for general ethical standards and legal ability

News & Insights