Wiley Rein LLP


Andrew G. McBride
Practice Areas
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 & 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, 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 G. McBride

PARTNER

202.719.7135  |  amcbride@wileyrein.com


Mr. McBride is listed by Chambers USA as one of “America’s Leading Lawyers for Business,” and is included in The Best Lawyers in America.  He is a former law clerk to Supreme Court Justice Sandra Day O’Connor and served ten 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 has over 25 years of public and private litigation experience and 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.


REPRESENTATIVE EXPERIENCE

  • Lead counsel for wireless industry joint defense group in tort cases alleging injuries caused by cell phone emissions.
  • Represented clients in copyright royalty negotiations and rate-setting proceedings before the American Society of Composers, Authors and Publishers (ASCAP) rate court.
  • 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.
  • 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.
  • Obtained a preliminary injunction and injunction pending appeal on First Amendment compelled speech grounds against a new San Francisco ordinance requiring warnings on cell phones.
  • Assisted in successful defense of patent infringement action against wireless modems or “aircards” in the Eastern District of Virginia.  
  • Won a major commercial speech case protecting the right of telephone 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 economics and literature on rate-setting methodologies and preparation of expert reports, including lead counsel for incumbent telephone providers’ challenge to new incremental cost model for network sharing.
  • 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 contract and tariff 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

  • Special Assistant, U.S. Department of Justice, Office of Legal Counsel (1989-1990), Associate Deputy Attorney General, Office of the Deputy Attorney General (1990-1991) and Assistant to the Attorney General, Office of the Attorney General (1991-1992). 
  • 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

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

HONORS & AWARDS

  • Included in The Best Lawyers in America directory for Appellate Law (2010-2012).
  • Named one of DC's "Super Lawyers" by Super Lawyers magazine (2010, 2011).
  • Named by The Legal 500 US a "recommended lawyer" in Telecom Law in the area of litigation (2009), Copyright (2011) and Telecom and Broadcast Regulatory Law (2010, 2011).
  • Listed by Chambers USA as one of "America's Leading Lawyers for Business" (2006-2011).
  • Named by Lawdragon as one of America's 3,000 Leading Lawyers (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.

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