Mr. Tulumello is a business litigator with extensive experience defending class actions in federal and state courts, at both the trial and appellate levels. These class actions have involved a wide variety of issues, including consumer protection, antitrust, and securities law. For eight years, Mr. Tulumello served as an Adjunct Professor of Law at Georgetown University Law Center, where he co-taught a course on Class Action Law and Practice.
Mr. Tulumello has been recognized by Chambers and Partners as one of Washington, D.C.'s leading commercial litigators. Benchmark Litigation also has selected Mr. Tulumello as one of Washington D.C.'s top litigators based on peer reviews and client interviews and described him as "clearly one of those once in a generation litigators" and "revered as being supremely talented in his securities and class action practice." Mr. Tulumello has been selected by SuperLawyers in Washington, D.C. in the class action category; by Washingtonian Magazine as one of its "40 under 40" rising stars of the Washington, D.C. bar; and by Washington Business Journal as a co-winner of its "Top Lawyer of the Year" award in the category for new partners.
Complex Litigation and Class Action Defense
Mr. Tulumello has represented clients in broad spectrum of complex litigation at the trial and appellate levels. In recent years, he has handled a number of high-profile antitrust matters in the transportation, technology, sports, and financial sectors. He also has represented several government contractors in investigations and suits under the False Claims Act. Recent securities matters in which Mr. Tulumello has played a substantial role include the representation of a biotechnology company in a $400 million derivative action challenging CEO and director compensation; the representation of a leading defense contractor in 10(b) and derivative litigation following a $500 million deferred prosecution agreement with the Department of Justice; and a $2 billion 10(b) suit against a major public accounting firm.
Mr. Tulumello also has represented companies in significant business disputes on the plaintiff's side. He represented a leading transportation company in a plaintiff's-side antitrust suit that resulted in one of the highest private antitrust settlements in recent years. He also recently won a victory, and a substantial monetary award, on behalf of a $10 billion hedge fund in a FINRA arbitration.
Constitutional and Appellate Practice and Global Legal Strategy
Mr. Tulumello has represented clients in appeals raising significant federal and constitutional questions before the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; and several state intermediate and supreme courts, including the Supreme Courts of California, Florida, Illinois, Ohio, and Texas. He also advises companies facing legal challenges on multiple fronts (criminal investigations, SEC investigations, AG suits, and private litigation) on global legal strategy.
Before joining Gibson, Dunn & Crutcher, Mr. Tulumello served as a Lecturer on Law and Senior Fellow at Harvard Law School, where he taught courses on alternative dispute resolution. His book, Beyond Winning: Negotiating to Create Value in Deals and Disputes, co-authored with Professors Robert H. Mnookin of Harvard Law School and Scott R. Peppet of the University of Colorado School of Law, was published by Harvard University Press in October 2000 and shared the 2000 Book Prize awarded by the CPR Institute for Dispute Resolution.
Mr. Tulumello also previously served as a law clerk to the Honorable Pamela Ann Rymer of the U.S. Court of Appeals for the Ninth Circuit. After that, he served in the Office of the Prosecutor at the International Criminal Tribunal for the former Yugoslavia, where he assisted in the investigation and indictment of a Bosnian Serb General for the mass execution of more than 6,000 unarmed prisoners in Srebrenica, Bosnia and Herzegovina, in July 1995.
Mr. Tulumello has spoken on class action practice, civil procedure, alternative dispute resolution, civil justice reform, and legal ethics, and has written articles on these and other subjects for The National Law Journal, Legal Times, The Government Contractor, Wall Street Lawyer, The American Journal of International Law, Alternatives, Negotiation Journal, and The American Prospect (Online). He has previously served on the firm's Mentoring Task Force, Compensation Committee, Career Development Committee, and Associates Committee and is the former Co-Chair of the firm's Crisis Management Practice Group. He is currently a member of the Board of Trustees at Levine Music.
Mr. Tulumello received his Juris Doctorate degree magna cum laude from Harvard Law School and graduated cum laude from Harvard College.