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Profile Picture

Andrew S. Tulumello

Andrew
Tulumello

Partner

CONTACT INFO

atulumello@gibsondunn.com

TEL:+1 202.955.8657

FAX:+1 202.530.9678

Washington, D.C.

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA

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PRACTICE

Litigation Appellate and Constitutional Law Class Actions Crisis Management Securities Litigation Sports Law

BIOGRAPHY

Andrew (“Drew”) Tulumello is a member of the Firm’s Litigation Department, the Appellate and Constitutional Law Practice Group, the Securities Litigation Practice Group, and the Sports Law Practice Group.

Mr. Tulumello has been recognized by Chambers & Partners as a “superstar” and as one of Washington, D.C.’s leading appellate and commercial litigators.  Based on his “powerful courtroom advocacy,” Benchmark Litigation 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.”  Chambers & Partners describes him as a “straight shooter” who “really engenders trust in clients and co-counsel.”   In 2020, BTI Consulting named him to its BTI Client Service All-Stars List, recognizing 335 lawyers “who deliver incomparable levels of client service excellence.”  Benchmark Litigation named him a National Litigation Star in both the Appellate and Securities categories.  In June 2017, he was selected by the American Lawyer as Litigator of the Week based on his win in the Supreme Court of the United States in BNSF Railway v. Tyrell and trial court win in Wilson v. Frito-Lay (see “A Big League Double Play for This Gibson Dunn Lawyer.”)  He was profiled in The National Law Journal’s  2017 Appellate Hot List, by Bloomberg BNA (“Deflategate  Lawyer Heads to High Court in Securities Case”), and by The National Law Journal in recognizing Gibson Dunn’s Washington. D.C. office as the Litigation Department of the Year.  Mr. Tulumello has repeatedly been selected by SuperLawyers in Washington, D.C. in the class action and appellate categories.

Constitutional and Appellate Practice and Global Legal Strategy

Mr. Tulumello has briefed and argued appeals raising significant federal and constitutional questions before the Supreme Court of the United States, the federal courts of appeals, and several state supreme courts. In 2017, he successfully argued BNSF Railway v. Tyrell, an 8-1 decision that established important rules for general personal jurisdiction. He was also counsel of record in 2018 in Leidos v. Indiana Retirement System, which involved the duty to disclose under the federal securities laws. He regularly counsels companies facing legal challenges on multiple fronts on global legal strategy and best practices for litigation risk management in rapidly changing regulatory environments.

Sports Law

Mr. Tulumello is Co-Chair of the Firm’s Sports Law Practice Group, recognized by Law360 as one of the top sports law firms in the country.  Mr. Tulumello has represented the National Football League Players Association as well as several active and retired football players in high-profile appeals, including the “lock out” litigation between the NFL and NFLPA in 2011, and New England Patriots Quarterback Tom Brady in his defense and appeal of the “Deflategate” suspension. Who’s Who Legal’ s Arbitration and Sports 2019 guides recognized Mr. Tulumello as a top Sports attorney. US Legal 500 has consistently listed Mr. Tulumello as a Leading Lawyer in Sports.  In 2016, Sports Business Journal recognized him as a “Power Player” in the sports industry and as one of the “brightest minds in the business.”

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 class action and commercial litigation matters in the food and beverage, transportation, defense, biotechnology, and financial sectors.  He also has represented several government contractors in investigations, suits, and trials (both by qui tam relators and the Department of Justice) under the False Claims Act involving federal contracts worth billions of dollars.  Recent matters in which Mr. Tulumello has played a substantial role include the representation of a leading food and beverage company in more than 90 class actions; 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 leading payment card company in an antitrust suit brought by WikiLeaks.  For ten 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 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.

Other Experience

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, and civil justice reform, and has written articles on these and other subjects for The National Law Journal, Legal Times, The New York Law Journal, The Government Contractor, Wall Street Lawyer, and The American Journal of International Law. He has previously served as a Member of the Firm’s Management Committee (2020), and Executive Committee (2018-2020), and was Co-Partner-in-Charge of the Washington D.C. office (2011-2018).  He is also a former Co-Chair of the firm’s Crisis Management, Class Actions, and Sports Law Practice Groups.

Mr. Tulumello received his Juris Doctorate degree magna cum laude from Harvard Law School and graduated cum laude from Harvard College.

 

EDUCATION

Harvard University - 1996 Juris Doctor

Harvard University - 1991 Bachelor of Arts

ADMISSIONS

California Bar

District of Columbia Bar

RECENT PUBLICATIONS

Firm News - December 11, 2020 | Twelve Partners Named 2020 BTI Client Service All-Stars
Client Alert - December 10, 2020 | Supreme Court Holds That ERISA Does Not Preempt Arkansas’ Law Regulating Pharmacy Reimbursement Rates
Firm News - December 7, 2020 | Who’s Who Legal 2020 Guides Recognizes Six Gibson Dunn Partners
Client Alert - November 10, 2020 | Third Quarter 2020 Update on Class Actions
Client Alert - October 22, 2020 | The Jurisprudence of Supreme Court Nominee Amy Coney Barrett
Publications - October 14, 2020 | Webcast: The False Claims Act: Updates for the Government Contracting Sector
Client Alert - October 6, 2020 | Supreme Court Round-Up (October 2020)
Client Alert - September 16, 2020 | Supreme Court Round-Up (September 2020)
Client Alert - August 22, 2020 | California Supreme Court Round-Up – August 2020
Article - August 11, 2020 | Neb. Ruling May Squash Consent By Registration Theory
Client Alert - July 20, 2020 | Supreme Court 2019 Term – Summary Of Decisions Affecting Business Litigation
Client Alert - July 17, 2020 | 2020 Mid-Year False Claims Act Update
Client Alert - July 16, 2020 | Supreme Court Round-Up (July 2020)
Client Alert - July 7, 2020 | Supreme Court Upholds TCPA’s Robocall Ban, But Strikes Government-Debt Exception As Unconstitutional Under First Amendment
Firm News - July 6, 2020 | Gibson Dunn Ranked in 2020 U.S. Legal 500
Client Alert - June 30, 2020 | Supreme Court Holds That Adding “.com” To A Generic Term Can Create A Protectable Trademark
Client Alert - June 30, 2020 | Supreme Court Holds That Consumer Financial Protection Bureau’s Structure Is Unconstitutional
Client Alert - June 26, 2020 | California Supreme Court Holds That District Attorneys May Seek Statewide Civil Penalties and Restitution Under Unfair Competition Law
Client Alert - June 23, 2020 | Supreme Court Limits Disgorgement Remedy In SEC Civil Enforcement Actions
Client Alert - June 18, 2020 | Supreme Court Rejects DHS’s Decision To Terminate DACA
Client Alert - June 15, 2020 | Supreme Court Holds That Title VII’s Prohibition On Discrimination Because Of Sex Includes Sexual Orientation And Transgender Status Discrimination
Client Alert - June 2, 2020 | Supreme Court Holds That The New York Convention Permits The Use Of Equitable Estoppel To Enforce An Arbitration Agreement Among Nonsignatories
Client Alert - June 2, 2020 | Supreme Court Upholds The Appointments Of The Members Of The Puerto Rico Financial Oversight And Management Board
Client Alert - June 2, 2020 | Supreme Court Holds That ERISA Defined-Benefit Pension Plan Participants Do Not Have Article III Standing To Sue For Fiduciary Breach
Article - May 27, 2020 | Ruling in NCAA case has the potential to remake the amateurism system
Client Alert - May 18, 2020 | Supreme Court Holds That Amendments To The Foreign Sovereign Immunities Act Retroactively Authorized Punitive Damages Against Foreign State Sponsors Of Terrorism
Client Alert - May 14, 2020 | Supreme Court Casts Doubt On “Defense Preclusion”
Client Alert - April 28, 2020 | Supreme Court Holds That The Federal Government Must Reimburse Health Insurers For $12 Billion In Losses
Client Alert - April 24, 2020 | First Quarter 2020 Update on Class Actions
Client Alert - April 24, 2020 | Supreme Court Holds That Courts Can Order Trademark Infringers To Disgorge Profits Without Proof Of Willful Infringement
Client Alert - April 24, 2020 | Supreme Court Holds That Clean Water Act May Require Permits For Some Indirect Discharges Of Pollutants Via Nonpoint Sources
Client Alert - April 21, 2020 | Supreme Court Holds That Superfund Site Landowners Need EPA Approval To Obtain State-Law Cleanup Remedies
Client Alert - April 21, 2020 | Supreme Court Holds That PTAB’s Timeliness Decisions For Instituting Inter Partes Review Are Not Judicially Reviewable
Client Alert - March 24, 2020 | Supreme Court Unanimously Holds That A Plaintiff Suing For Discrimination Under 42 U.S.C. § 1981 Must Allege But-For Causation
Client Alert - February 27, 2020 | Supreme Court Holds That Unread ERISA Plan Disclosures Do Not Give Participants Actual Knowledge Of The Information Disclosed
Client Alert - January 31, 2020 | 2019 Year-End False Claims Act Update
Client Alert - January 31, 2020 | Year-End and Fourth Quarter 2019 Update on Class Actions
Client Alert - December 12, 2019 | Supreme Court Holds That The PTO’s Recovery Of “Expenses” Under The Patent Act Does Not Include Attorney’s Fees
Client Alert - November 7, 2019 | Third Quarter 2019 Update on Class Actions
Client Alert - October 7, 2019 | Supreme Court Round-Up (October 2019)
Client Alert - July 29, 2019 | Delaware Supreme Court Revisits Oversight Liability
Article - July 18, 2019 | ‘Blue Bell’ Reaffirms but Does Not Expand the Boundaries of Oversight Liability
Client Alert - July 16, 2019 | 2019 Mid-Year False Claims Act Update
Firm News - July 11, 2019 | Gibson Dunn Ranked in 2019 U.S. Legal 500
Client Alert - July 2, 2019 | Supreme Court Round-Up (July 2019)
Client Alert - June 28, 2019 | Supreme Court Sends 2020 Census Citizenship Question Back to the Department of Commerce, Citing Contrived Rationale
Client Alert - June 26, 2019 | Reinforcing Limits On Its Use, Supreme Court Upholds Auer Deference In Veterans Affairs Dispute
Client Alert - June 24, 2019 | Supreme Court Holds That A Federal Ban on “Immoral or Scandalous” Trademarks Violates the First Amendment
Client Alert - June 20, 2019 | Supreme Court Avoids Answering Question On Hobbs Act Deference To FCC Orders
Client Alert - June 18, 2019 | Supreme Court Holds That The First Amendment Does Not Apply To Private Operators Of Public Access Television Channels
Client Alert - June 6, 2019 | Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments
Client Alert - June 3, 2019 | Supreme Court Holds That Title VII’s Administrative Exhaustion Requirement Is Not A Jurisdictional Prerequisite To Suit
Client Alert - May 28, 2019 | Supreme Court Holds That Third-Party Defendants May Not Remove Class Action Counterclaims To Federal Court
Client Alert - May 20, 2019 | Supreme Court Holds That Courts, Not Juries, Must Decide Whether The FDA’s Rejection Of A Proposed Warning Label Provides “Clear Evidence” To Preempt A State-Law Failure-To-Warn Claim
Client Alert - May 15, 2019 | First Quarter 2019 Update on Class Actions
Client Alert - April 24, 2019 | Supreme Court Reaffirms Stolt-Nielsen And Holds That Class Arbitration Requires The Parties’ Unambiguous Consent
Client Alert - April 10, 2019 | Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments
Client Alert - March 27, 2019 | Supreme Court Holds That Securities Fraud Liability Extends Beyond “Maker” Of False Statements
Firm News - March 27, 2019 | Nine Partners Named 2019 BTI Client Service All Stars
Client Alert - January 18, 2019 | Fourth Quarter 2018 Update on Class Actions
Client Alert - January 10, 2019 | 2018 Year-End False Claims Act Update
Client Alert - January 8, 2019 | Supreme Court Rejects “Wholly Groundless” Exception To Rule That Parties May Refer Arbitrability Disputes To Arbitration
Client Alert - October 24, 2018 | Third Quarter 2018 Update on Class Actions
Client Alert - September 27, 2018 | Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments
Client Alert - July 26, 2018 | 2018 Mid-Year Securities Litigation Update
Client Alert - July 18, 2018 | Second Quarter 2018 Update on Class Actions
Client Alert - July 12, 2018 | 2018 Mid-Year False Claims Act Update
Client Alert - June 27, 2018 | Supreme Court Holds That Public-Sector Union “Agency Fees” Violate The First Amendment
Client Alert - June 21, 2018 | Supreme Court Rules That SEC ALJs Were Unconstitutionally Appointed
Firm News - June 18, 2018 | Gibson Dunn Ranked in 2018 U.S. Legal 500
Client Alert - June 11, 2018 | Supreme Court Rejects Tolling Of Statute Of Limitations For Successive Class Actions
Client Alert - June 1, 2018 | Supreme Court Round-Up (June 1, 2018)
Client Alert - May 4, 2018 | First Quarter 2018 Update on Class Actions
Client Alert - April 24, 2018 | Supreme Court Holds That Foreign Corporations Cannot Be Sued Under The Alien Tort Statute
Client Alert - April 4, 2018 | Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued Next Term, and Other Developments (April 4, 2018)
Client Alert - March 20, 2018 | Supreme Court Holds States May Hear Securities Fraud Class Actions Under The 1933 Act
Client Alert - February 6, 2018 | DOJ Policy Statements Signal Changes in False Claims Act Enforcement
Client Alert - February 1, 2018 | 2017 Year-End Securities Litigation Update
Client Alert - January 31, 2018 | Fourth Quarter 2017 Update on Class Actions
Client Alert - January 5, 2018 | 2017 Year-End False Claims Act Update
Client Alert - November 7, 2017 | Third Quarter 2017 Update on Class Actions
Client Alert - October 2, 2017 | Supreme Court Round-Up: A Summary of Upcoming Arguments and Other Developments (October 2017)
Client Alert - August 1, 2017 | Second Quarter 2017 Update on Class Actions
Client Alert - July 20, 2017 | 2017 Mid-Year Securities Litigation Update
Client Alert - July 12, 2017 | 2017 Mid-Year False Claims Act Update
Client Alert - June 29, 2017 | Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued Next Term, and Other Developments (June 29, 2017)
Client Alert - June 26, 2017 | United States Supreme Court Limits Class-Action Tolling
Client Alert - June 19, 2017 | United States Supreme Court Limits Power of State Courts to Exercise Specific Personal Jurisdiction over Defendants
Client Alert - June 2, 2017 | Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued Next Term, and Other Developments (June 2017)
Client Alert - May 19, 2017 | First Quarter 2017 Update on Class Actions
Client Alert - April 3, 2017 | Supreme Court Grants Review in Securities Case About Duty to Disclose
Client Alert - March 23, 2017 | Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued Next Term, and Other Developments (March 2017)
Client Alert - March 9, 2017 | Corporate Social Responsibility Statements – Recent Litigation and Avoiding Pitfalls
Client Alert - February 1, 2017 | 2016 Year-End Update on Class Actions
Client Alert - January 25, 2017 | 2016 Year-End Securities Litigation Update
Client Alert - January 5, 2017 | 2016 Year-End False Claims Act Update
Client Alert - October 27, 2016 | Third Quarter 2016 Update on Class Actions
Client Alert - July 7, 2016 | 2016 Mid-Year False Claims Act Update
Client Alert - June 29, 2016 | Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued Next Term, and Other Developments (June 2016)
Client Alert - May 17, 2016 | U.S. Supreme Court Holds That Violation of a Statutory Right, Without a Resulting “Concrete” Injury, Does Not Satisfy Article III’s Injury-in-Fact Requirement
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