Alumni Spotlight: Roy Abernathy ’20L Roy Abernathy is an associate attorney for Crowell & Moring in the Advertising and Brand Protection and Litigation and Trial practice groups.

Roy Abernathy ’20L

Roy Abernathy ‘20L is from Gastonia, North Carolina. He graduated from Virginia Tech in 2015 with a B.S. in Applied Economics and a B.A. in Political Science. After graduating from Virginia Tech, Roy was a 2015 Teach For America Corps Member in the Rio Grande Valley, Texas, teaching high school mathematics. In law school, Roy served his peers through the Student Bar Association for three years, and as the Student Body President his 3L year. Roy also was on the Journal of Civil Rights and Social Justice and Moot Court Executive Board. In law school, Roy interned at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and at Crowell & Moring. Roy currently works as an associate attorney for Crowell & Moring in the Advertising and Brand Protection and Litigation and Trial practice groups. Outside of work, Roy enjoys attending Washington Spirit games, trying new D.C. restaurants, and playing high fantasy games with friends from W&L.

Discuss your career path and how it led you to working as an associate at Crowell.

Well, I went to Virginia Tech to study engineering after attending a high school specialized in science and mathematics. So, I did not necessarily expect to be a lawyer, much less an advertising lawyer. After pivoting to economics, politics, and the social sciences in undergrad, my career makes a bit more sense. But, I did spend a few years teaching high school students math, which I loved. Finally, I found my way back to law school, but my background has surprisingly prepared me in unexpected ways. For all the lawyers who say they went to law school because they were bad at math, I’d assume they have not had to review an expert report on damages valuations. Needless to say, my math skills, and even econometrics classes, are skills I use as an advertising attorney. Overall, my career path to becoming an advertising and consumer protection attorney was part intentional and larger part happy accident.

What sort of legal issues do you handle on a day-to-day basis?

Honestly, every day is different and packed with a variety of assignments. As a litigator, I’m always balancing discovery across multiple cases, and for my practice, those are often cases focused on consumer protection issues such as false advertising, fraudulent business practices, and anticompetitive practices, among others. In the last week, I’ve drafted, edited, and filed a motion to compel, reviewed discovery responses and objections to draft a letter to opposing counsel, reviewed depositions for admissions, and continued working on ongoing document review. Do not knock document review; its integral to knowing the validity of your claims and the weaknesses that expose your clients. Beyond the ins and outs of discovery, I also provide regulatory guidance on client’s advertising and consumer protection issues. This may include reviewing a client’s advertising materials and campaigns to ensure all claims are properly substantiated and are low risk for regulatory scrutiny or consumer class actions, as well as reviewing a client’s technical interfaces with consumers to ensure such technologies and practices will not be considered deceptive by the FTC.

What do you like about your current job?

I luckily fell into a practice area, Advertising and Brand Protection, that I really enjoy. Both the content, and my colleagues within the group, make the daily work easy and fun. As mentioned, I like litigating, and at Crowell, I’ve taken a few depositions and participated in four trials now. These types of “on the record” experiences, although not my every day, are energizing and validating because I’m able to see the many hours of background work in action. Similarly, I enjoy opportunities to teach CLEs or present at conferences because of my affinity for advertising law.

What are some practices you have in your daily life as an attorney to maintain wellness?

Realistically, I endeavor to have more practices to maintain my wellness. But, in the last year I’ve become more intentional with my time. For example, I often plan to work later during the week to protect my weekends. Others may find better balance by protecting their evenings and planning to work some over the weekend. With that protected time, I ensure that I use some of it with my friends and some of it to enjoy my hobbies. Also, during the work week, I really enjoy an afternoon coffee break. It is a great opportunity to go grab a coffee and walk a few blocks to enjoy the sunlight and fresh air. Any open assignments will be waiting when you come back to your desk, I promise.

Which W&L classes and/or experiences do you think were most helpful in preparing you for this job? 

Given that I work on civil litigation issues daily, Civil Procedure was an invaluable class substantively. But, I also want to highlight Contracts with Professor Fairfield and Remedies with Professor Rendleman, which were two classes that pushed me to more deeply and creatively think about the law, making arguments, and position advocacy. I’ll also highlight Professor Hasbrouck’s Statutory Interpretation class, which helped me strengthen my writing and advocacy skills, and Professor Houck’s Mass Media Law class, which was my only exposure to advertising and media issues that are part of my practice today. Last plug, the skills you practice by participating in a variety of the Moot Court competitions are essential for any lawyer.

What advice do you have for prospective law students?

Enjoy it; enjoy law school! So many prospective law students constantly hear about how law school is scary or a hard three years. While first semester 1L may feel daunting because the experience is new, the entirety of law school should not fill you with stress, anxiety, or fear. If it does, a legal career may not be the right fit. Your future job will also be full of high-pressure scenarios, hard legal questions, and clients that desire perfection. Learning to balance those expectations with your own life starts in law school. Do not be mistaken though. You will read, write, research, and study a lot, but, you do not have to spend every waking moment trying to read a bit more about the nuances of obscure legal theories. W&L Law holds many fond memories for me because I did enjoy those three years. I enjoyed learning in class, participating in extracurriculars, and making life-long friends. Although a good legal scholar will never miss the forest for the trees, taking the time to let loose and climb a few of those trees will inevitably enrich your experience.

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