Current Employment Position(s)

Partner

Lawyer Overview

Edwin Fountain has tried cases in state and federal courts throughout the country. His practice covers a wide array of corporate litigation matters, including antitrust, criminal defense and defense of civil fraud investigations, director/officer liability, employment discrimination, and general commercial litigation. Currently he is counsel of record for Washington Mutual Bank in Anchor Savings Bank v. United States in which Washington Mutual obtained a $382 million judgment in 2008 in a breach of contract case against the United States government arising out of the 1980s savings and loan crisis. He also represents the former CEO of the Mills Corporation in In re the Mills Corp. Securities Litigation in the U.S. District of Court for the Eastern District of Virginia.

Other significant representations include the successful defense of a federal grand jury investigation of a Fortune 100 company for alleged obstruction of an SEC inquiry; defense of a combined federal/state health care fraud investigation against a Virginia health care provider, which was closed without action; representation of Westinghouse Electric Corporation in a 450-member age discrimination class action; and the defense of owners and directors of two Texas savings and loans in fiduciary liability actions brought by the Resolution Trust Corporation.

Edwin maintains a concentration in antitrust litigation. He is lead counsel for R.J. Reynolds Tobacco Company in a series of federal and state price-fixing actions in which summary judgment for Reynolds in the lead federal case was affirmed by the Eleventh Circuit, Williamson Oil Co. v. Philip Morris USA, et al. He also represents UPM-Kymmene, one of the world's largest paper companies, in multijurisdiction class actions alleging a price-fixing cartel in the magazine paper industry. Most recently Edwin has represented Eisai, Inc., a Japanese pharmaceutical company, in connection with a Walker Process claim brought by putative purchaser classes in a Hatch-Waxman antitrust case. He represented the Marshfield Clinic in the groundbreaking health care antitrust case Blue Cross & Blue Shield of Wisconsin v. Marshfield Clinic.

Edwin is past president of the board of trustees of the D.C. Preservation League, the leading historic preservation organization in the nation's capital, and has represented the league before the mayor of the District of Columbia and the D.C. City Council, as well as speaking before bar and industry groups on historic preservation matters. He is currently DCPL's representative to consultation proceedings with the National Park Service on the Park Service's National Mall Plan. Edwin's pro bono work includes leading Jones Day's representation of disabled veterans in hearings before Army and Navy physical evaluation boards at Walter Reed Army Medical Center and the Washington Navy Yard.

Areas of Practice

• Trial Practice
• Alternative Dispute Resolution & Mediation
• Commercial Disputes
• International Litigation & Arbitration
• Antitrust & Competition Law
• Antitrust Litigation
• Health Care
• Litigation/Health Care
• Government Regulation
• Statutory & Regulatory Litigation

Representative Cases

• Anchor Savings Bank, FSB v. United States of America, No. 95-39C, 2008 WL 683751 (U.S. Ct. Fed. Claims Mar. 14, 2008) , (2008)
• Blue Cross & Blue Shield United of Wisc. v. Marshfield Clinic, 883 F. Supp. 1247 (W.D. Wis.), rev’d, 65 F.3d 1406 (7th Cir. 1995)
• Chase v. Northwest Airlines, 49 F. Supp. 2d 553 (E.D. Mich. 1999)
• Decatur Memorial Hospital v. Prairie Cardiovascular Consultants, Ltd.
• Herman v. Westinghouse Electric Corp.
• In re Cigarette Antitrust Litig., MDL Docket No. 1342, 2000 WL 1508296 (N.D. Ga. June 7, 2000)
• In re Client RJM , (2008)
• Omega World Travel v. Trans World Airlines, No. CA96-201-A (E.D. Va.), aff'd, 111 F.3d 14 (4th Cir. 1997)
• Perez v. Danbury Hosp., No. 3:94 CV 416 (PCD) (D.D.C.), 347 F. 3d 419 (2d Cir. 2003)
• Westways World Travel v. Am. Airlines, No. CV-99-07689WDK (C.D. Cal., filed July 26, 1999)
• Acquisition of Royal Group Technologies
• Acquisition of Turner Broadcasting by Time Warner
• Contempt Proceeding
• Formation of Reynolds American
• Grand Jury Investigation
• Medicare Fraud Investigation
• Medicare Fraud Investigation
• Publication Paper Antitrust Litigation
• Resolution Trust Corporation Litigation
• Siemens Power Generation Transaction
• Wausau Medical Center Acquisition

West Practice Categories

Antitrust & Trade Regulation, Antitrust Law, Bankruptcy Litigation, Business & Commercial Law, Class Actions, Collections & Repossessions, Commercial Leasing, Complex Litigation, Consumer Protection, Contracts, Debtor/Creditor, Deceptive Trade Practices, Disability, Elder Law, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Food & Drug Administration, Food & Drug Administration, Franchising, Government Agencies & Programs, Health & Health Care Law, Hospital Law, Housing & Urban Development, International Antitrust, International Trade Litigation, International Transactions, Joint Ventures, Law Enforcement Agencies, Lemon Law, Litigation & Appeals, Medicare & Medicaid, Medicare & Medicaid, Mental Health, Mergers, Acquisitions & Divestitures, Mergers, Acquisitions & Divestitures, Military & Veterans Appeals, Multidistrict Litigation, Nursing Home, Patent Litigation, RICO Act, Secured Transactions, Social Security -- Disability, Social Security -- Disability, Social Security -- Retirement & Survivors Benefits, State & Local Agencies, State Appellate Practice, State Trial Practice, State, Local & Municipal Law, Tax Litigation, Trade Regulation, Transactions, Unfair Competition, Uniform Commercial Code, US Court of Appeals for the Federal Circuit, US Supreme Court, Veterans' Affairs, Warranties, Welfare

Bar Admissions

• District of Columbia
• Virginia

Education

• U of Virginia- C'ville (Main)

Published Works

• Supplemental Jurisdiction in Diversity-Only Class Actions After Exxon Mobil Corp. v. Allapattah Services, Inc., Antitrust Magazine, American Bar Association, 2005
• Developments in Standards for Summary Judgment in Oligopoly Price-Fixing Cases, The Antitrust Practitioner, a publication of the ABA Antitrust Section, Vol. 1, 2004

Address

51 Louisiana Avenue, N.W.
Washington, DC 20001-2113

Phones

1.202.879.7645 (Business Phone)

Faxes

1.202.626.1700 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com