Ed DuMont is a partner in the firm’s Litigation/Controversy Department and a vice chair of the Appellate and Supreme Court Litigation Practice Group. He joined the firm in 2002. Mr. DuMont focuses on Supreme Court and appellate litigation, dispositive motion practice in lower courts, and advising clients with respect to complex or novel legal issues.
In Supreme Court matters, Mr. DuMont’s practice has included seeking or opposing review in cases involving a variety of issues, including antitrust, arbitration, patent, trademark, environmental, and constitutional questions; advising clients on the specialized Supreme Court litigation process; and filing merits and amicus briefs in cases involving topics such as limitations on the imposition of class-action arbitration under standard commercial arbitration clauses; preemption of state investigative authority by the National Bank Act; the permissibility of taking cost-benefit considerations into account in environmental regulation; federal constitutional constraints on state land-use decisions; ERISA preemption and health care regulation; the proper limits on asbestos litigation; government contracts with Indian Tribes; and the constitutionality of copyright extensions.
In other appellate and district court matters, Mr. DuMont has argued or led briefing in cases involving issues as wide-ranging as infringement of the pioneering patent on digital video recording technology; the intersection of antitrust and patent licensing law; how the FICA tax applies to a prominent university’s retirement annuity program; constitutional, statutory, and administrative law issues raised by Indian gaming; the successful appeal of white-collar criminal convictions; complex insurance and reinsurance issues; Due Process and Commerce Clause limits on the reach of state tax and antitrust laws; and how constitutional privileges apply to a public official.
Out of court, Mr. DuMont has advised clients and other counsel with respect to constitutional, legislative, regulatory, procedural and Indian gaming issues.
Before joining WilmerHale, Mr. DuMont served for several years as an Assistant to the Solicitor General at the US Department of Justice, and also as an Associate Deputy Attorney General handling issues relating to computer crime, e-commerce and privacy. He has argued 18 cases before the Supreme Court of the United States, including cases involving national banks and annuity products; standards and procedures in employment discrimination cases, including the Americans with Disabilities Act; ERISA issues; First Amendment limits on government restrictions on access to records; American Indian law in the commercial and tax contexts; manufacturers’ claims for the costs of toxic tort suits arising out of government contracts; validity of local government fees under federal statutes and the Commerce Clause; and constitutional aspects of criminal sentencing.