Andrew T. Hernacki
Andrew is an experienced litigator who works tirelessly to find practical solutions across all stages of litigation, from initial case assessment through trial and appeals. He has also served as liaison counsel on behalf of large joint defense groups, including leading negotiations and litigating critical dispositive motions, including class certification and summary judgment. Andrew has extensive knowledge concerning all phases of civil discovery, including managing complex e-discovery efforts, taking and defending depositions, and drafting and responding to written discovery.
Prior to attending law school, Andrew was a paralegal at the FTC in Washington, DC, where he investigated and assisted in litigating cases involving unfair or deceptive practices in the financial services industry. While in law school, he served as a legal intern at the CFPB and the Financial Industry Regulatory Authority (FINRA). He was also a 2012 summer associate in Venable's Washington, DC office. Andrew received his J.D. and graduated magna cum laude from American University Washington College of Law in 2013.
Experience
Government Experience
- Paralegal, Federal Trade Commission
- Legal Intern, Consumer Financial Protection Bureau
Representative Matters
- Served as liaison counsel for all defendants and participated as a member of a defense team representing a poultry producer against multiple class actions and opt-out cases alleging claims under the Sherman Act, and obtained dismissal on summary judgment for client for all “Track 1” claims (In re Broiler Chicken Antitrust Litigation)
- Participated as a member of a defense team representing a poultry producer against multiple class actions and opt-out cases alleging various antitrust claims (In re Turkey Antitrust Litigation, In re Poultry Wages Antitrust Litigation, In re Red Meat Wages Antitrust Litigation)
- Represented a privately held cruise line against novel claims of alleged “trafficking” in confiscated Cuban property under the Helms-Burton Act (Havana Docks Corporation v. MSC Cruises)
- Participated as a member of a trial defense team for a generic pharmaceutical manufacturer against a class action and individual claims arising from an "Actavis"-type settlement of patent litigation under the Hatch-Waxman Act (In re Solodyn Antitrust Litigation)
- Obtained remand of a federal agency's decision involving an accreditor of institutes of higher education in the U.S. District Court for the District of Columbia. The court held that the agency had not complied with the Administrative Procedure Act (ACICS v. Dep't of Education)
- Participated as a member of a trial defense team for a generic pharmaceutical manufacturer against claims under the Sherman Act arising from antitrust "reverse payment" claims (In re Modafinil Antitrust Litigation)
- Successfully quashed a federal agency's administrative subpoena in U.S. District Court for the District of Columbia. The DC Circuit affirmed on appeal, which was the first time in decades that a federal appeals court struck down an administrative subpoena issued by the federal government (CFPB v. ACICS)
- Participated as a member of a trial defense team in an administrative bench trial before the Consumer Financial Protection Bureau's administrative law judge in a case involving alleged violations of the Consumer Financial Protection Act and the Truth in Lending Act (In re Integrity Advance, LLC)
- Participated as a member of a team defending an internationally recognized singer-songwriter, musician, and actress against trademark infringement and dilution claims (Blue Sphere v. Taylor Swift)
Insights
Credentials
Education
- J.D. magna cum laude American University, Washington College of Law 2013
- Order of the Coif
- Articles editor, American University Law Review
- Legal intern, Consumer Financial Protection Bureau
- B.A. Northwestern University 2007
Bar Admissions
- Virginia
- District of Columbia
Court Admissions
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eleventh Circuit
Professional Memberships and Activities
- Member, Venable Hiring Committee
Recognition
- Super Lawyers, Rising Star, Virginia, 2019
- The Best Lawyers in America, Ones to Watch, 2023 – 2024
Community
Pro Bono
- Represents low-income individuals in the District of Columbia