Fountain, Edwin L.

Current Employment Position(s)

Partner

Lawyer Overview

Edwin Fountain has tried cases in state and federal courts throughout the country, covering a wide array of corporate litigation matters such as criminal defense, civil fraud investigations, director and officer (D&O) liability, employment discrimination, securities fraud, and patents and trademarks. Edwin has a particular focus in antitrust litigation, including several multidistrict class actions, in industries including health care, pharmaceuticals, telecommunications, power generation, travel, publication paper, and tobacco. Edwin also leads the Firm's practice in the Eastern District of Virginia's "rocket docket" and in Virginia courts.

Edwin currently represents JPMorgan Chase in two "Winstar" government contract cases arising from the 1980s savings & loan crisis, including Anchor Savings Bank v. United States in which he obtained a $356 million judgment in 2008. He is lead counsel for R.J. Reynolds Tobacco Company in a series of federal and state price-fixing actions, in which he obtained summary judgment for Reynolds in the lead federal case, and represented Marshfield Clinic in the groundbreaking antitrust case Blue Cross & Blue Shield of Wisconsin v. Marshfield Clinic. Most recently he defended the former CEO of Mills Corporation in a securities litigation matter.

Edwin is a founder and director of the National World War I Memorial Foundation. He is past president of the leading historic preservation nonprofit in the nation's capital and is currently their representative to consultation proceedings with the National Park Service on the National Mall Plan. Edwin's pro bono work includes leading Jones Day's representation of veterans in disability benefits hearings and appeals.

Areas of Practice

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

Representative Cases

• Airlines Reporting Corp. settles long-running antitrust litigation over "hidden-city" and "back-to-back" ticketing , (2009)
• Airlines Reporting Corp. wins summary judgment in "hidden-city" ticketing antitrust litigation , (2009)
• Airlines Reporting Corp. wins summary judgment in travel agent antitrust litigation , (2009)
• ClubCorp successfully defends against contempt order in D.C. Circuit Court , (2009)
• Danbury Hospital antitrust litigation ends with finding consent decree not violated
• Disabled veteran wins benefits from Army after reevaluation , (2008)
• Eisai successfully defends multiple antitrust class actions arising from its enforcement of Aciphex patents
• Georgia Gulf acquires Royal Group Technologies for $1.6 billion , (2009)
• Marshfield Clinic secures FTC approval for acquisition of Wausau Medical Center
• Marshfield Clinic successfully defends antitrust suit by leading third-party payor
• Prairie Cardiovascular obtains dismissal of antitrust litigation
• R.J. Reynolds and other cigarette companies defend federal and state price fixing class actions
• R.J. Reynolds Tobacco combines with BAT's Brown & Williamson to form Reynolds American , (2009)
• TCI obtains antitrust clearance for acquisition of TBS by Time Warner
• Telecommunications company defends federal grand jury investigation
• UPM-Kymmene defends against nationwide antitrust class action involving publication paper
• UPM-Kymmene defends pressure-sensitive labelstock antitrust class action litigation
• Virginia hospital successfully defends against combined federal/state Medicare fraud investigation involving kickback allegations , (2009)
• Washington Mutual wins $356 million award in U.S. Court of Federal Claims for damages in "Winstar" case arising from the S&L loan crisis of the 1980's , (2008)
• Westinghouse secures DOJ approval to sell power generation business to Siemens
• Westinghouse wins significant pretrial rulings in age discrimination cases

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

• London School of Economics
• U of N Carolina - Chapel Hill
• 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