Washington, D.C., October 25, 2013 – Miller & Chevalier Chartered today announced that Andrew D. Herman has joined the firm as Counsel. Herman comes to the firm from the esteemed Brand Law Group, where he was involved in a diverse array of civil and criminal federal matters, with a focus on litigating federal campaign and election law issues, and handling congressional investigations and ethics inquiries.
"Miller & Chevalier is a great platform for my areas of practice. The firm’s lawyers have deep credentials in all three branches of government and related federal agencies, as well as a unique understanding of the legislative process,” Herman said. “This aligns perfectly with my practice. I look forward to leveraging my congressional and litigation experience to help clients navigate a variety of complex political and legal matters."
Herman has represented both individuals and organizations in investigations and hearings before the United States Congress. His clients include members of Congress, Fortune 500 companies, and non-profit organizations. In 2005, he represented Major League Baseball (MLB) before the House Government Reform Committee during inquiries into steroid use by baseball players. Herman co-authored extensive correspondence with the Committee, including submissions on behalf of Commissioner Bud Selig, and was co-counsel for MLB officials during the televised hearing.
Herman has argued before the United States Supreme Court and represented clients before Congress and federal juries. In 2008, he successfully briefed and argued Davis v. Federal ElectionCommission, in which the U.S. Supreme Court overturned the federal election law provision known as the “Millionaires’ Amendment.” The amendment was part of the McCain-Feingold legislation enacted in 2002 that increased contribution limits for candidates facing opponents who spent substantial sums of their personal funds on their own campaigns.
“We are very pleased to welcome Andrew to the firm,” said Anthony Shelley, Chair of Miller & Chevalier. “With his background in handling civil and criminal litigation matters, as well as his representation of elected officials, large corporations and national non-profits before federal and state courts, Congress and federal agencies, he is in a unique position to advise clients on how to address their legal and political problems."
In 2009, Congresswoman Maxine Waters hired Herman's firm to defend her and her chief of staff in a House Ethics Committee investigation. Despite a referral from the Office of Congressional Ethics and a three-year House investigation, the Committee fully exonerated Representative Waters. Their steadfast defense in the face of intense political pressure ultimately compelled the Committee to dismiss two staff attorneys and -- in a decision that The New York Times described as “extraordinary” -- hire special counsel to investigate itself.
“Andrew is one of Washington’s leading lawyers practicing in the city’s unique convergence of law and politics, and he is highly regarded in legislative and legal circles,” said Mark Rochon, Chair of the firm’s Litigation Department and a member of the firm’s Executive Committee. “His experience handling congressional investigations is a perfect synergy with Miller & Chevalier’s existing capabilities in our Government Affairs practice -- an intersection where the firm is ideally positioned to provide practical solutions to its clients.”
Herman also has served as counsel for an international labor union in federal and state election law matters, and has advised the union on federal tax and labor law issues while serving as parliamentarian for the union’s international convention. He has provided similar counsel relating to election law, tax issues, contracts and governance issues for other national non-profit entities.
Herman was also involved in a 13-year defense of the Project on Government Oversight (POGO) that touched on all three branches of government. In 1998, POGO awarded two government whistleblowers a portion of funds it had received in a False Claims Act case in Texas. He defended POGO in that case while simultaneously addressing investigations launched by the Criminal Division of the Department of Justice (DOJ) and the House Committee on Resources. After repeated congressional hearings and a grand jury investigation, POGO emerged unscathed. In 2003, DOJ's Civil Division charged POGO with violating federal law. Herman led a decade-long defense in a case that featured two successful appeals and two jury trials. After the second trial resulted in a hung jury in 2012, DOJ abandoned its prosecution of POGO.
Herman earned a B.A., with high distinction, from the University of Michigan and a J.D., magna cum laude and Order of the Coif, from the University of California Hastings College of the Law.
About Miller & Chevalier
Founded in 1920, Miller & Chevalier is a Washington, D.C. law firm with a global perspective and leading practices in Tax, Employee Benefits (including ERISA), International Law and Business, White Collar and Internal Investigations, Complex Litigation and Government Affairs. In an era of big law, Miller & Chevalier is a top-ranked firm sharply focused on targeted areas that interact with the federal government. Over the past three years, the firm’s lawyers have represented nearly 40 percent of the Global 25 and the Fortune 50. Based in Washington, DC, a significant number of firm lawyers have held senior positions in the U.S. government and have written many of the regulations they currently help clients navigate. For more information on the firm, visit www.millerchevalier.com.