Government Experience

  • Legal Intern, Consumer Financial Protection Bureau
  • Paralegal, Federal Trade Commission

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. Court of Appeals for the Third Circuit

Education

  • J.D., magna cum laude, American University, Washington College of Law, 2013
    Order of the Coif

    Articles Editor, American University Law Review
  • B.A., Northwestern University, 2007
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Andrew T. Hernacki

Associate

Andrew Hernacki is an associate in the firm's Commercial Litigation Group in Washington, DC. He focuses on complex civil litigation and has experience across a broad spectrum of issues, ranging from commercial and contract litigation to trademark disputes, business tort cases, partnership disputes, and general business issues. He also represents clients in a variety of government investigation and law enforcement actions, including those initiated by the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB).

Andrew is experienced in all stages of litigation, from initial case assessment through trial. He also has extensive knowledge concerning 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 Federal Trade Commission 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.

Significant Matters

Andrew's recent litigation experience includes:
  • Member of trial defense team for generic pharmaceutical manufacturer against 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 accreditor of institutes of higher education in 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)
  • Member of trial defense team for generic pharmaceutical manufacturer against claims under the Sherman Act arising from antitrust "reverse payment" claims. (In re Modafinil Antitrust Litigation)
  • Member of defense team representing poultry producer against multiple class actions and opt-out cases alleging claims under the Sherman Act. (In re Broiler Chicken Antitrust Litigation and In re Broiler Chicken Grower Antitrust Litigation)
  • Successfully quashed federal agency's administrative subpoena in U.S. District Court for the District of Columbia. The D.C. 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)
  • Member of trial defense team in 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)
  • Member of defense team of trademark infringement and dilution claims on behalf of internationally recognized singer-songwriter, musician, and actress. (Blue Sphere v. Taylor Swift)

Andrew maintains an active pro bono practice, working to achieve favorable results for low-income individuals in the District of Columbia. Andrew is also active within Venable, serving on the firm's Hiring Committee.

Andrew graduated magna cum laude from American University Washington College of Law, where he served as articles editor for the American University Law Review. Prior to attending law school, Andrew was a paralegal at the Federal Trade Commission 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).