Andrew R. Dunlap is a founding partner of Selendy & Gay and heads the Firm’s recruiting and training programs.
Andrew is an experienced trial and appellate litigator who has been named a “Rising Star” by Benchmark Litigation.
Andrew has represented clients in securities, contract, healthcare, antitrust, mass tort, RICO, ERISA, and Constitutional matters, among others. He was a key member of the team that represented the Federal Housing Finance Agency, as conservator for Fannie Mae and Freddie Mac, in recovering $25 billion from the world’s leading banks over the sale of residential mortgage-backed securities, including the trial team that obtained an $800 million judgment from Nomura and RBS. In that litigation, Andrew obtained a summary judgment decision that banks did not act with reasonable care in creating the RMBS they sold to investors during the run-up to the financial crisis.
Examples of Andrew’s experience include:
- Bank of New York Mellon v. Carl 1 Ltd et al.: Represented CRC Credit Fund Ltd. against Deutsche Bank AG Frankfurt in a federal interpleader action asserted by Bank of New York Mellon in the District Court for the Southern District of New York. In a cross-claim, CRC seeks damages for Deutsche Bank’s inclusion of an ineligible reference obligation in a credit default swap for which CRC provided credit protection. The court ruled as a matter of law for CRC, holding that the reference obligation’s maturity date violated the swap’s eligibility criteria and that Deutsche Bank breached the swap agreement when it obtained an erroneous accounting certification that directed the trustee to pay credit protection to Deutsche Bank.
- Natixis 2007-HE2 v. Natixis Real Estate Capital Inc: In a $500 million breach-of-warranty action, represented plaintiff in obtaining a decision from New York’s Appellate Division, First Department, in an issue of first impression that a non-trustee could assert claims on behalf of a trust against the trust sponsor. See “Natixis Asks Appeals Court To Toss Suit Over $877M In RMBS,” Law 360, 10/14/2016.
- MASTR Adjustable Rate Mortgages Trust 2006-OA2 et al v. UBS: In a one-month trial in the Southern District of New York, represented plaintiff in breach-of-warranty suit regarding three residential mortgage-backed securities trusts. See “UBS Handed Setback in $2 Billion Mortgage Buy-Back Lawsuit,” Bloomberg, 9/6/2016.
- U.S. Bank v. GreenPoint Mortgage Funding: In New York Supreme Court, Commercial Division, represented plaintiff in obtaining $540 million settlement in breach-of-warranty suit over defective residential mortgage-backed securities trust.
- Franco v. Connecticut General Life Insurance Co: In suit seeking over $1 billion in damages in the District of New Jersey, represented defendant managed care company in obtaining dismissal of antitrust and RICO claims regarding payment of out-of-network benefits. See “Judge Guts Cigna Health Payment Fraud Class Suit,” Law360, 9/23/2011. In same suit, obtained denial of class certification for ERISA claims brought by plan subscribers. See “Cigna Beats Class Cert. In Suit Over Cut ERISA Benefits,” Law360, 1/17/2013.
- North Cypress Medical Center Operating Co. v. CIGNA Healthcare: In $100 million breach-of-contract suit in the Southern District of Texas, represented defendant managed healthcare company in obtaining summary judgment dismissing all claims brought by medical center that defendant had underpaid out-of-network reimbursements.
In his public interest practice, Andrew successfully defended New York City charter schools against suits challenging their ability to co-locate in Department of Education school buildings and demanding they pay rent to the DOE, obtaining denials of preliminary injunctions in both instances. See “Judge rejects UFT-NAACP claims, allows co-locations, closures,” Chalkbeat, 7/21/2011. Andrew also successfully defended a consent decree governing the delivery of medical services to Medicaid-eligible children in Tennessee in the U.S. Court of Appeals for the Fourth Circuit.
Andrew earned his J.D., magna cum laude, from Georgetown Law School, where he published a note in the Georgetown Law Journal and was an editor of the American Criminal Law Review. He serves on the board of the National Center for Law and Economic Justice and is a Barrister of the American Inn of Court.
Georgetown University Law Center
(J.D., magna cum laude, 2002)
Order of the Coif, Dean’s List, 4 CALI Awards
Appellate Litigation Clinic: Student Advocacy Award
American Criminal Law Review: Senior Articles and Notes Editor
Beaudry Moot Court Competition: Best Brief, Best Oralist Finalist
Wechsler First Amendment Moot Court Competition: Best Brief
Johns Hopkins University
(M.A., History, 1995; B.A., History, 1994)
Johns Hopkins News-Letter: Editor-in-Chief
Of Counsel, 2012-2014
Kirkland & Ellis
State Bar of New York
United States Courts of Appeals: Second Circuit, Sixth Circuit
United States District Courts: Southern District of New York, Eastern District of New York