Andrew Kilberg is an associate in Gibson, Dunn & Crutcher’s Washington, D.C. office.  He practices in the firm’s Litigation Department and is a member of the firm’s Administrative and Regulatory, Appellate and Constitutional Law, Labor and Employment, and Sports Law practice groups.

Mr. Kilberg served as Counselor to Secretary Eugene Scalia at the United States Department of Labor from 2019 to 2021.  In that role, he briefed and advised the Secretary and Deputy Secretary on a wide range of matters and led teams on important regulatory and other projects for the Office of the Secretary, including matters concerning environmental, social, and governance investing, proxy voting, the U.S.-Mexico-Canada Agreement, independent contractor status, apprenticeships, religious accommodation, evidentiary standards and procedures for non-discrimination enforcement actions, and the coronavirus pandemic.

Mr. Kilberg represents clients in a wide range of appellate, regulatory, and complex litigation matters across a variety of industries in front of both federal and state courts and agencies, with an emphasis on labor and employment and telecommunications matters.  In 2019, Law360 named Mr. Kilberg a “Rising Star” in Telecom. Mr. Kilberg also maintains an active pro bono practice.

Representative matters:

• Century Aluminum Co. v. OSHA, No. 17-1546 et al. (8th Cir.): Negotiated rulemakings to amend the Occupational Safety and Health Administration’s beryllium standard for general industry, resulting in voluntary dismissal of challenge to the standard.
• Prometheus Radio Project v. FCC, No. 17-1107 et al. (3d Cir.): Represented the National Association of Broadcasters in defending the Federal Communications Commission’s repeal or modification of an array of restrictive and outdated local media ownership rules.
• Mozilla Corp. v. FCC, No. 18-1051 et al. (D.C. Cir.): Represented CTIA–The Wireless Association in defending the Federal Communications Commission’s repeal of its “net neutrality” regime.
• Cedar Band of Paiutes v. U.S. Dep’t of Hous. & Urban Dev., No. 4:19-cv-30-DN (D. Utah): Obtained preliminary injunction against enforcement of HUD mortgagee letter on behalf of American Indian tribe and its instrumentalities.
• Chamber of Commerce of the U.S.A. v. Dep’t of Labor, 885 F.3d 360 (5th Cir. 2018): Vacated U.S. Department of Labor’s “fiduciary” rule, among the most controversial regulations ever adopted in the financial services industry.
• Won arbitration for the NFL Players Association against the NFL Management Committee that resulted in reinstatement of full disability benefits for a retired player.

Representative pro bono matters:

• Counsel of record in appeal in the U.S. Court of Appeals for the Fifth Circuit from Board of Immigration Appeals’ denial of asylum to a family of Central American immigrants.
• Biel v. St. James School, No. 17-55180 (9th Cir.): Counsel of record for amici curiae Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America in support of a Catholic school in significant ministerial exception case.
• Lee v. Sixth Mount Zion Baptist Church of Philadelphia, 903 F.3d 113 (3d Cir. 2018): Counsel of record for amici curiae Church of God in Christ, Inc., mPact Churches, Plymouth Brethren, and Bishop William H. Stokes in support of a historic African American congregation’s successful use of ministerial exception to defend against claims brought by former pastor.
• First Presbyterian Church U.S.A. of Tulsa, Okla. v. Doe, No. 18-500 (U.S.): Wrote amicus curiae brief on behalf of the Becket Fund for Religious Liberty and Stewards Ministries in support of a petition for certiorari posing important religious autonomy questions.

Before joining Gibson Dunn, Mr. Kilberg clerked for U.S. Supreme Court Justice Anthony M. Kennedy and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.

Mr. Kilberg received his law degree from the University of Virginia School of Law, where he was a member of the Order of the Coif and served as Articles Development Editor of the Virginia Law Review.  He received an M. Phil. in Historical Studies from the University of Cambridge and graduated magna cum laude with an A.B. in History from Princeton University.

Mr. Kilberg is a member of the District of Columbia and Virginia bars, and he is admitted to practice before the U.S. Courts of Appeals for the Third, Fourth, Fifth, Ninth, and D.C. Circuits, the U.S. District Court for the District of Columbia, the Supreme Court of Virginia, and the District of Columbia Court of Appeals.