Experience

• Mr. Dunbar has represented numerous individual, corporate, and associational clients in high-stakes administrative, civil, and criminal matters, including:

  • arguing an appeal in the DC Circuit on behalf of a leading artificial-intelligence company in a statutory and constitutional challenge to federal agency action;
  • arguing an appeal in the Seventh Circuit on behalf of a securities exchange in a petition for review of a Securities and Exchange Commission order;
  • arguing the first-ever appeal of a denied authorization under the Department of Defense’s Cybersecurity Maturity Model Certification Program, resulting in reversal;
  • presenting oral argument on behalf of a domestic timber grower on APA issues before an international panel established under the US-Mexico-Canada Agreement;
  • arguing and winning a preliminary injunction on behalf of a leading medical provider against California legislation in a constitutional challenge to a state statute, and securing invalidation of the entire law on First Amendment grounds in decision by the Ninth Circuit;
  • obtaining a preliminary injunction and temporary restraining order on behalf of a leading medical provider in an APA challenge to an emergency rule promulgated by the Department of Health and Human Services;
  • twice defeating the Department of Labor’s Fiduciary Rule—representing trade associations in successive APA challenges to two versions of the rule regulating the life insurance and financial services industries, each resulting in vacatur;
  • advising biopharmaceutical companies on 340B legal and regulatory questions, including preemption and other challenges to state 340B contract-pharmacy and manufacturer-mandate laws in federal courts across the country;
  • advising biopharmaceutical companies on legal and regulatory questions related to state and federal price control laws across the country;
  • successfully representing a financial service provider in an APA challenge to a regulation promulgated by the Consumer Financial Protection Bureau, resulting in vacatur of key parts of the regulation by a federal district court;
  • successfully representing domestic grape growers in APA challenge to USDA action regarding importation of foreign table grapes, resulting in vacatur of agency action;
  • successfully representing a leading global security company in an APA whistleblower appeal under the Sarbanes-Oxley Act, resulting in appellate vacatur of the administrative decision;
  • advising numerous clients on statutory, constitutional, and APA challenges to tariff actions taken by the federal government, including under IEEPA and Section 232;
  • securing a US Supreme Court victory for a bankruptcy trustee in case involving the interpretation of the Bankruptcy Code;
  • securing a US Supreme Court victory for a state defending its legislative reapportionment plan from constitutional challenge; 
  • securing a victory in the New York Court of Appeals for a major university in a challenge to its expansion plan;
  • representing a rideshare company in multiyear worker classification litigation against the Massachusetts Attorney General;
  • representing a pharmaceutical company in a constitutional challenge to a Texas Attorney General civil investigative demand relating to the marketing of vaccines;
  • representing multiple trade associations as amici curiae in defense of the Securities and Exchange Commission’s Regulation BI in the court of appeals;
  • representing a stock exchange and affiliated companies in an APA challenge in the DC Circuit to orders of the Securities and Exchange Commission under the Exchange Act;
  • representing of an Indian tribe in an APA challenge to an order of the Department of the Interior denying trust status for tribal lands;
  • representing a wireless company in an enforcement proceeding by the Federal Communications Commission under the Open Internet rules;
  • arguing an appeal on behalf of DC public charter schools before the DC Circuit in a constitutional challenge to District of Columbia school funding practices;
  • representing a passenger railroad company as intervenor in an APA action in defense of a rule promulgated by the Surface Transportation Board;
  • advising a major insurance company with respect to Dodd-Frank issues involving the Financial Stability Oversight Council;
  • counseling a national air carrier with respect to federal regulations and orders pertaining to international aviation issues; and
  • counseling a government contractor with respect to small business regulations involving the US Small Business Administration.