Andrew T. Hernacki

Counsel
Hernacki Andrew

Andrew Hernacki’s practice focuses on complex class action and multi-party litigation involving antitrust, breach of contract, business tort, and unfair competition claims. Andrew has represented clients in a variety of actions by private plaintiffs, government investigations, and law enforcement actions, including those initiated by the Department of Justice (DOJ), Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and state attorneys general. He also has experience defending clients across a broad spectrum of issues, ranging from actions involving the Helms-Burton Act, partnership disputes, and general business issues. 

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.

Experience

Government Experience

  • Paralegal, Federal Trade Commission

Representative Matters

  • 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
  • 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. (In re Broiler Chicken Antitrust Litigation and In re Broiler Chicken Grower 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
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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. Court of Appeals for the Third Circuit

Professional Memberships and Activities

  • Member, Venable Hiring Committee

Recognition
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  • Super Lawyers, Rising Star, Virginia, 2019
  • The Best Lawyers in America, Ones to Watch, 2023

Community
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Pro Bono

  • Represents low-income individuals in the District of Columbia