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R. Andrew Austria Associate

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Washington, D.C. T +1 202 857 2485 F fax +1 202 828 2985
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Named a “D.C. Rising Star” by the National Law Journal in 2022, Drew draws on his experience as an accomplished trial lawyer and appellate advocate to counsel companies and individuals facing complex legal issues that arise at the intersection of government contracts, national security, and white-collar defense.

Drew assists clients in the defense, healthcare, pharmaceutical, energy, and financial institution industries with navigating the bureaucratic intricacies of the federal government and withstand regulator scrutiny. He is experienced in handling a broad range of criminal, civil, and transactional matters involving the U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), Internal Revenue Service (IRS), the Committee on Foreign Investment in the United States (CFIUS), and other federal and state investigative agencies. Drew also regularly assists government contractors with addressing compliance issues related to government ethics, hiring of former government officials, facility and individual security clearances, export controls, and sanctions.

Drew is committed to increasing diversity in the legal profession and serving his community. He regularly mentors underrepresented law students to pursue judicial internships and clerkships through the American Bar Association’s (ABA) Judicial Intern Opportunity Program. He also routinely handles pro bono matters on behalf of servicemembers, veterans, and their families. He serves as the pro bono coordinator for the firm’s Veteran Lawyers Network, which was recognized in 2021 as Veterans Program of the Year by Chambers and Partners’ Diversity & Inclusion Awards: North America and in 2022 as the Pro Bono Partner of the Year by the National Veterans Legal Services Program.

Prior to joining McGuireWoods’ nationally recognized Government Investigations and White Collar Department, Drew served as a Judge Advocate in the U.S. Navy. While on active duty, Drew served as a prosecutor, trial defense counsel, appellate defense counsel, and legal advisor to senior flag officers. He has litigated contested courts-martial and argued cases on appeal before the U.S. Navy-Marine Corps Court of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces. As an appellate defense counsel, Drew directed the U.S. Navy-Marine Corps Appellate Defense Division’s Supreme Court practice, serving as Counsel of Record for each of the Division’s certiorari-stage filings. He also served as lead counsel in the appeal of a Marine implicated in an international incident involving the desecration of Taliban corpses, securing dismissal of all charges with prejudice due to government misconduct. In 2017, the Federal Asian Pacific American Council awarded him the Military Meritorious Service Award for his zealous advocacy on behalf of Sailors and Marines.

While in law school, Drew served as president of the Asian Pacific American Law Students Association and was a member Vanderbilt’s Moot Court Traveling Team. He also served as a legal intern in the U.S. Attorney’s Office for the Eastern District of Virginia and as an ABA Judicial Intern Opportunity Program Fellow in the Staff Attorneys’ Office of the Arizona Supreme Court.

Before attending law school, Drew served in the DOJ’s Antitrust Division, where he reviewed mergers and acquisitions related to the telecommunications industry.

Experience

White Collar Defense

  • Led comprehensive review of aircraft manufacturer’s policies and procedures to implement an updated compliance program in accordance with a Deferred Prosecution Agreement with DOJ.
  • Led internal investigation for national bank of a former employee who stole trade secrets valued at more than $10 million and uploaded it to a Chinese-based website before termination and coordinated the Bank’s cooperation with a federal grand jury investigation.
  • Led internal investigation for national bank related to a data breach with potential national security implications.
  • Counsel to retired three-star Army general as a fact witness in DOJ investigations related to government service, including classified interviews.
  • Representation of senior executives and employees of an investment firm in connection with a DOJ criminal tax investigation involving syndicated conservation easement partnerships.
  • Conducted an internal investigation for a large public health organization to determine their compliance with a corporate integrity agreement.
  • Representation of a physician charged with federal healthcare fraud-related offenses.
  • Representation of C-suite executive of a healthcare technology start-up charged with federal fraud-related offenses.
  • Represented employees of a large financial institution in connection with a DOJ investigation into alleged fraud committed by a customer.

Government Contracts and National Security

  • Counsel to domestic energy company during CFIUS review of company’s sale of gas utilities to a foreign buyer.
  • Counsel to investment fund regarding best practices of forming an investment fund with foreign capital to avoid CFIUS concerns.
  • Counsel to data center company regarding potential foreign investment and CFIUS-related concerns.
  • Regularly advise government contractors on ethics compliance, hiring of former government officials, facility and individual security clearances, export controls (to include foreign military sales, ITAR/EAR, and FCC compliance), and sanctions.
  • Regularly advise potential nominees and former government officials with completion of required financial and conflict of interest disclosures.
  • Regularly advise lobbying and consulting firms with Lobbying Disclosure Act, Foreign Agent Registration Act, and bona fide selling agency compliance.
  • Counsel to government contractors in civil litigation proceedings related to sub-prime disputes.
  • Led internal investigation for federal agency into federal employees and federal grantees’ alleged misuse of government funds.
  • Lead trial counsel to defend former Chief Information Officer of a federal agency in proceedings before the Merit Systems Protection Board.

Pro Bono

  • Rudisill v. McDonough, 601 U.S. __, No. 22-888 (2024).  Lead counsel in filing amicus briefs on behalf of 10 veterans advocating for an increase of Post-9/11 GI Bill benefits to 48 months for veterans with multiple periods of qualifying service in the United States Supreme Court (cert. stage and merits stage briefing) and the United States Court of Appeals for the Federal Circuit.
  • Assisted an exonerated Navy SEAL with obtaining nearly $500,000 in backpay and an active-duty retirement after his wrongful convictions were dismissed with prejudice on appeal.

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