Practice Areas
- Communications Litigation, Chair
- Appellate, Co-Chair
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
Bar & Court Admissions
Andrew G. McBride
PARTNER202.719.7135
| amcbride@wileyrein.comMr. McBride, 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). 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. Mr. McBride 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
- Lead counsel for wireless industry joint defense group in tort cases alleging injuries caused by cell phone emissions.
- Won an important victory in the Second Circuit defending the right of wireless providers to choose their own technologies and deployment strategies in the face of attempted local regulation.
- Obtained a preliminary injunction and injunction pending appeal on First Amendment compelled speech grounds against a new San Francisco ordinance requiring radio frequency (RF) emission warnings on cell phones.
- Won a major commercial speech case protecting the right of service companies to use customer information for target marketing.
- Won a dismissal on summary judgment of a $350 million class action and successfully defended the result before the Hawaii Supreme Court.
- Extensive experience with the drafting and defense of individual arbitration clauses as an alternative to class-action litigation.
- Assisted in successful defense of Google in a copyright infringement suit brought by Agence France Press for the use of headlines and thumbnail photographs as part of Internet directory.
- Assisted in successful defense of patent infringement action against wireless modems or "aircards" in the Eastern District of Virginia.
- Won an important D.C. Circuit decision limiting the ability of copyright owners to use Digital Millennium Copyright Act (DMCA) subpoenas to obtain subscriber data from Internet service providers.
- As an Assistant U.S. Attorney, tried more than 30 civil and criminal jury trials, including drug conspiracy, racketeering, health care fraud and investment fraud cases.
- Successfully represented clients in antitrust, unfair trade practices, commercial speech, Internet, rights-of-way, spectrum allocation and all forms of class action litigation.
- Won a groundbreaking Eighth Circuit decision preempting state legislative authority over wireless rates and pricing policies.
- Won an important First Circuit decision limiting the fees municipalities can charge telecommunications providers for access to rights-of-way.
- Has represented trade associations, telecommunications companies, Internet service providers, equipment manufacturers and pro bono clients before the Supreme Court of the United States.
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.
HONORS & AWARDS
- 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 (2010-2013) and Communications Law (2013).
- Named one of DC's "Super Lawyers" for Communications by Super Lawyers magazine (2010-2013).
- Named by The Legal 500 US a "recommended lawyer" in Telecom Law in the area of Litigation (2009), Copyright (2011-2013) and Telecom and Broadcast Regulatory Law (2010-2013).
- Listed by Chambers USA as one of "America's Leading Lawyers for Business" in Telecom, Broadcast & Satellite: Regulatory (2006-2013).
- 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.
PUBLICATIONS
CURRENT | CHOOSE YEAR | VIEW ALL- Summary of the First Report and Order, Further Notice of Proposed Rulemaking, and Notice of Inquiry In the Matter of Reassessment of Federal Communications Commission Radiofrequency Exposure Limits and Policies and Proposed Changes in the Commission's Rules Regarding Human Exposure to Radiofrequency Electromagnetic Fields
Nancy J. Victory, Andrew G. McBride, Joshua S. Turner and Megan L. Brown
April 8, 2013
- Aereo Wins Another Round in its Battle with Copyright Owners
Bruce G. Joseph, Andrew G. McBride, Karyn K. Ablin and Jennifer L. Elgin
April 2, 2013
- GAO Recommends that the FCC Reassess Exposure and Testing Requirements for Mobile Phones
R. Michael Senkowski, Andrew G. McBride, David E. Hilliard, Joshua S. Turner and Megan L. Brown
August 13, 2012
SPEECHES
CHOOSE YEAR | VIEW ALLNEWS RELEASES
CURRENT | CHOOSE YEAR | VIEW ALLThe Legal 500 US Ranks Wiley Rein’s Telecommunications Group in the Top Tier for the Seventh Consecutive Year
June 7, 2013
The Legal 500 US Rates Wiley Rein’s Copyright Practice Among Nation’s Best for Third Straight Year
June 5, 2013
Wiley Rein’s Telecom Practice and Richard E. Wiley Receive Top Honors from Chambers USA for 11 Years in a Row
May 31, 2013
Chambers USA Recognizes 31 Wiley Rein Attorneys Across 14 Practice Areas as Among Best in the Country
May 24, 2013
San Francisco Abandons Unconstitutional Cell Phone Ordinance in Settlement with Wireless Industry
May 17, 2013
Fifty-Eight Wiley Rein Attorneys Named to DC "Super Lawyers" List Across 18 Areas of the Law
April 19, 2013
Bert Rein and Andrew McBride Receive 2013 “Lawyer of the Year” Honor from Best Lawyers
September 12, 2012
Wiley Rein Secures Wide-Reaching First Amendment Decision on Behalf of the Wireless Industry
September 11, 2012
Twenty-One Wiley Rein Partners Recognized Across 18 Practice Areas in the 2013 Edition of Best Lawyers
August 22, 2012
Wiley Rein Files Certiorari Petition with U.S. Supreme Court in Important Immigration Case
August 1, 2012
IN THE NEWS
CURRENT | CHOOSE YEAR | VIEW ALLAndrew McBride Featured in NPR Segment on U.S. Attorney General Eric Holder
June 10, 2013 | NPR’s “Morning Edition”
Andrew McBride Comments on Eric Holder’s Self-Recusal from Leak Investigation
May 16, 2013 | Foreign Policy
