Edward McAndrew

He | Him | His

Partner

Philadelphia
T +1.215.564.8386
F +1.215.568.3439
Wilmington
T +1.302.319.3297

Overview

Ed McAndrew is a counselor, investigator and trial lawyer who has been at the forefront of Internet law for more than 20 years. He combines first-chair trial and investigation experience in both the public and private sectors, with extensive board and senior executive counseling on a wide range of cutting-edge technology issues.

Ed counsels clients, leads investigations and litigates matters focused on cybersecurity, privacy, digital media, criminal, national security, commercial, employment, governance and intellectual property issues. He moves seamlessly between boardroom crisis management, digital investigation and courtroom presentation to mitigate liability or to enforce legal rights and remedies. He also advises clients on Internet speech issues, as well as governmental demands for data and assistance in regulatory, civil and criminal investigations.

A former federal cybercrime prosecutor and National Security Cyber Specialist at the U.S. Department of Justice, Ed has handled a multitude of high-profile, complex and sensitive investigations, trials and appeals. He has extensive experience with hacking; ransomware; identity and intellectual property theft; cyber extortion; cyberstalking, defamation, harassment and threats; terrorism and domestic extremism; online child exploitation; financial, government contracting and tax fraud; money laundering; obstruction of justice; public corruption; and human, narcotics and firearms trafficking.

Ed has been recognized as a “Cybersecurity and Data Privacy Trailblazer” by National Law Journal and has received various awards from law enforcement agencies for his work on behalf of victims of cybercrime. He is a regular commentator, presenter and author on issues related to cybersecurity, digital privacy, cybercrime and Internet safety.

Select Experience

Crisis Management, Investigations and Litigation

  • Counseling and representation of companies in ransomware/data theft “double extortion” attacks, and in related investigations, litigation and alternative dispute resolution. Client sectors include advertising, consulting, digital media and entertainment, educational, energy, financial services, healthcare, hotel and leisure, insurance, life sciences, logistics, professional services, retail, social media, sports and technology.

Technology Law Counseling

  • Advise media companies on potential civil and criminal liability related to technology-facilitated newsgathering by journalists.

Prosecutorial Experience

  • First U.S. prosecution of foreign hackers for theft of trade secrets from American companies. Coordinated three-year multinational investigations and successful prosecutions of international hacking and data theft ring that breached the networks of a leading global technology company, various software supply chain companies and the U.S. Army, stealing thousands of identities and intellectual property valued in the billions of dollars.
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Experience

Crisis Management, Investigations and Litigation

  • Counseling and representation of companies in ransomware/data theft “double extortion” attacks, and in related investigations, litigation and alternative dispute resolution. Client sectors include advertising, consulting, digital media and entertainment, educational, energy, financial services, healthcare, hotel and leisure, insurance, life sciences, logistics, professional services, retail, social media, sports and technology.
  • Counseling and representation of Software as a Service (SaaS) provider in responding to advanced persistent cyberattacks impacting financial information for millions of U.S. citizens and related regulatory investigations, class action and commercial litigation.
  • Counseling and representation of U.S. hospital in response to operationally disruptive ransomware attack and subsequent civil litigation alleging related patient death.
  • Represented IT managed service provider in response to ransomware attack on U.S. city and successful settlement of related civil disputes.
  • Counseling and representation of companies in various sectors in business email compromise, payment and payroll re-direction schemes, and representation in related governmental investigations and civil litigation in multiple jurisdictions.
  • Defense of consumer electronics retailer in data breach class action resulting from a payment card breach involving millions of customers.
  • Representation of parties in federal grand jury investigation into allegations of political corruption, financial and tax fraud by individuals related to the U.S. presidential administration.
  • Defense of fraud and breach of fiduciary duty litigation against an international digital entertainment streaming service.
  • Defense of a consumer goods logistics company in computer fraud and intellectual property theft litigation.
  • Counseling and representation of media, entertainment and sports organizations and individuals victimized by technology-facilitated defamation, extortion, cyberstalking, online threats and fraud.
  • Counseling and representation of organizations in various sectors in responding to governmental demands for third-party data and assistance under FISA, ECPA and the CLOUD Act.
  • Representation of a global life sciences company as the victim in a federal criminal investigation and prosecution relating to the theft of more than $1 billion in intellectual property by internal and external cyber actors located in multiple countries.
  • Conducted internal investigations of whistleblower claims regarding cybersecurity and privacy law compliance issues for public companies.
  • Defense of national retailer in data breach class action resulting from payment card breach involving more than 500,000 customers.
  • Represented global life sciences company as the victim in a federal digital advertising fraud prosecution of international cybercriminals.
  • Representation of manufacturing company in civil and criminal litigation relating to hacking and theft of intellectual property by a competitor.
  • Defense of hotel and casino in an employee data breach class action alleging fraud due to personal information compromise.
  • Counseling and representation of insurance services company in cyber incident and resulting grand jury investigation/prosecution of financial fraud relating to high-profile natural gas disaster.
  • Secured one of the first decisions in the U.S. dismissing privacy and defamation claims against a website for publishing third-party content under Section 230 of the Communications Decency Act.
  • Successfully represented national supermarket chain in civil litigation relating to invasion of privacy, consumer fraud and newsgathering torts by major television broadcasting network.
  • Representation of a federal defense contractor as the victim in criminal and national security investigations relating to nation-state cyberattacks targeting export-controlled intellectual property.
  • Investigation of nation-state advanced persistent cyberattacks on a global business technology and Internet infrastructure company.
  • Defense of university and settlement of all claims relating to alleged cyberattack on virtual currency managed services provider.
  • Successful defense of nationally prominent membership organization in defamation, invasion of privacy and civil rights action filed by an expelled member following national media coverage of his involvement in domestic extremist and white supremacist groups.
  • Successfully represented publicly traded media company, as plaintiff, in arbitrations involving more than $500 million in broadcasting, intellectual property, advertising and corporate ownership rights relating to digital media technology.
  • Defended global technology company in theft of trade secrets case involving recruitment of a competitor’s Internet technology development team and alleging more than $1 billion in damages.
  • Successfully represented mortgage purchaser in litigation related to $43 million mortgage fraud scheme.
  • Conducted internal investigations for boards of organizations relating to allegations of financial fraud and political corruption.
  • Represented plaintiffs in election fraud litigation on ballot referendum.
  • Litigated a successful First Amendment challenge to federal commercial casino advertising ban through Supreme Court.

Technology Law Counseling

  • Advise media companies on potential civil and criminal liability related to technology-facilitated newsgathering by journalists.
  • Advise social media apps on content moderation policies and procedures relating to digital threats, domestic extremism and Internet crimes against children.
  • Advised European government on proposed legislation relating to the monitoring and reporting of extremist activity and Internet crimes against children by electronic communication services.
  • Advised European government agency, global financial services, logistics, automotive and other companies on U.S. law enforcement and global privacy issues related to the Wiretap Act, Stored Communications Act and CLOUD Act.
  • Advise various cybersecurity companies on legal issues relating to proactive monitoring, threat hunting, intelligence gathering, incident response, forensic investigation, data analysis, law enforcement interaction and service as expert witnesses in litigation.
  • Counseling and training of organizations, directors, officers and employees relating to technology-facilitated defamation, extortion, cyberstalking, threats, domestic extremism and other criminal activity.
  • Advise various public companies on cybersecurity governance and securities law disclosures relating to cyber risk and cyber incidents.

Prosecutorial Experience

  • First U.S. prosecution of foreign hackers for theft of trade secrets from American companies. Coordinated three-year multinational investigations and successful prosecutions of international hacking and data theft ring that breached the networks of a leading global technology company, various software supply chain companies and the U.S. Army, stealing thousands of identities and intellectual property valued in the billions of dollars.
  • First U.S. convictions for cyberstalking resulting in death. Convicted three members of a cyberstalking conspiracy resulting in an active shooting and multiple deaths in Delaware’s largest courthouse.
  • Convicted a foreign member of an international cybercrime organization of cybertheft, cracking and distribution of more than $100 million in commercial software owned by more than 200 technology companies to buyers in 28 states and more than 60 countries.
  • Led international online undercover investigations that infiltrated dark web networks, resulting in the identification and prosecution of thousands of suspects engaged in child exploitation and trafficking crimes, and the rescue of hundreds of child sexual abuse victims.
  • Convicted an individual in a witness intimidation and obstruction of justice case involving use of a mobile device and Facebook to threaten a government witness from a courtroom during a murder-for-hire and drug trafficking trial. Arrest made in courtroom during trial.
  • Convicted chief scientist of a defense and law enforcement contractor of cybercrime conspiracy involving use of cracked software obtained from international cybercriminals to design components used in Marine One presidential helicopters, Blackhawk helicopters, Patriot missiles, police radar and breath analysis equipment.
  • Investigated data breaches of an IT enterprise solutions and cloud services provider, resulting in the compromise of systems and sensitive data of more than 50 entities and hundreds of millions of individuals.
  • Investigated money laundering and Bank Secrecy Act violations involving the use of stolen source code for online gaming platforms and popular video games to unlawfully mine, commoditize and sell virtual currencies on black markets.
  • Prosecuted a hacker for cyberstalking of a federal prosecutor.
  • Investigated cybercrime ring engaged in the hacking of social media accounts of federal judges.
  • Investigated and prosecuted hundreds of individuals for online child exploitation crimes, including:
    • Local, state and federal law enforcement officers
    • Teachers, professors and other school/university employees
    • Youth group leaders, camp counsellors and sports coaches
    • Priests, ministers and other church employees
    • Healthcare providers and lawyers
    • Employees, including senior executives, of various companies
    • Military personnel deployed in Operation Enduring Freedom and Operation Iraqi Freedom
    • Senior military and intelligence personnel and contractors stationed at the Pentagon, CIA, Dover Air Force Base and abroad
  • Convicted a website operator of cybertheft and online distribution of more than 24,000 copies of software products manufactured by at least 80 companies to thousands of customers.
  • Conducted international investigation into a series of distributed denial-of-service (DDoS) attacks against major financial institutions.
  • Investigated data breaches and theft of hundreds of thousands of identities from multiple financial, educational and governmental computer networks by foreign-based hackers.
  • Convicted members of an Internet-based tax-fraud conspiracy centered on electronic submission of more than 450 tax returns using more than 60 different Internet service accounts and 130 financial accounts.
  • Convicted a leader of an identity theft and bank-fraud conspiracy involving digital check fraud using hundreds of stolen identities.
  • Successfully litigated media right-of-access issues relating to courtroom testimony and evidence presentation in cybercrime trials.
  • Prosecuted cyberstalking campaign involving email account hijacking and online defamation and dissemination of private, explicit videos.
  • Convicted a disgruntled employee of a domestic terrorism offense for mailing fake anthrax to a prominent media organization.

Recognitions and Memberships

Recognitions

  • U.S. Department of Justice: Director's Award (2019)
  • The Legal 500 United States
    • Recommended in Cyber Law (including Data Privacy and Data Protection) (2020 to 2021)
    • Recommended in Data Privacy and Data Protection (2020)
    • Recommended in Financial Services Regulation (2017)
  • The National Law Journal: Cybersecurity and Data Privacy Trailblazer (2015)
  • Federal Bureau of Investigation: Director's Special Recognition Award (2015)
  • U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, Homeland Security Investigations: Exemplary Partnership Award (2015)
  • U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security: Director's Award (2013)
  • U.S. Department of Justice: Assistant Attorney General's Award for Outstanding Advocacy in Protecting Citizens from Online Crime (2008)

Memberships

  • Supreme Court of Delaware, Commission on Law and Technology: Co-Chair
  • American Bar Association
  • International Association of Privacy Professionals

Pro Bono

  • Representation of national domestic violence and crime victims' rights organizations as amicus in defending the federal cyberstalking statute against First Amendment challenges.
  • Counseling of human rights organization on the collection, preservation, authentication and admission of mobile device evidence in U.S. criminal and civil trials and evidentiary proceedings relating to violent crimes.

Emerging Issues

Prior Positions

  • U.S. Attorney's Office for the District of Delaware 
    • Assistant U.S. Attorney
    • National Security Cyber Specialist
    • Computer Hacking and Intellectual Property Crimes, Internet Fraud and Project Safe Childhood Coordinator 
  • U.S. Attorney's Office for he Eastern District of Virginia, Cyber Crimes Unit: Special Assistant U.S. Attorney
  • U.S. Department of Justice, Criminal Division, Child Exploitation and Obscenity Section: Trial Attorney
  • The Honorable Collins J. Seitz, U.S. Court of Appeals for the Third Circuit: Law Clerk

Admissions

  • Delaware
  • District of Columbia
  • New Jersey
  • Pennsylvania

Education

  • J.D., The Catholic University of America, Columbus School of Law, 1995, magna cum laude; Catholic University Law Review, Editor-in-Chief
  • B.A., The College of New Jersey, 1992, cum laude

Blog

In The Blogs

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Data Counsel
Welcome Partner Ed McAndrew to the DADM Group
By Theodore J. Kobus III, Edward McAndrew
July 11, 2022
We are excited to welcome new partner Ed McAndrew to our Digital Assets and Data Management Group! Ed joins our Privacy and Digital Risk Class Action and Litigation and Digital Risk Advisory and Cybersecurity teams, and will work out of...
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