Kelly P. Dunbar
Kelly Dunbar is a leader of the firm’s Administrative Law Group and focuses his practice on government and regulatory litigation, administrative rulemakings, constitutional litigation, and appellate matters. Mr. Dunbar regularly counsels clients regarding regulatory strategy and litigation, represents them before administrative agencies, and litigates Administrative Procedure Act (APA), constitutional, and other matters in federal district and appellate courts across the country. Mr. Dunbar regularly counsels clients on COVID-19 issues, including in connection with managing litigation risks for businesses; constitutional challenges to government restrictions; and CARES Act compliance issues. Mr. Dunbar was recognized in 2019 by The National Law Journal as a “Litigation Trailblazer.”
Mr. Dunbar’s administrative law practice spans agencies across the federal government, including the Federal Communications Commission, the Department of Transportation, the Department of Labor, the Department of the Interior, the Department of Health and Human Services, the Federal Aviation Administration, the Financial Stability Oversight Council, the Federal Housing Administration, the Food and Drug Administration, the Department of Treasury, the Small Business Administration, the Surface Transportation Board, the Consumer Financial Protection Bureau, and the Department of Agriculture. These matters involve complex statutes and regulations governing a wide range of clients, including telecommunications companies, cable operators, airlines, insurance companies, health care providers, Indian tribes, and railroads. These matters regularly involve direct engagement with federal agencies, as well as litigation under the APA.
Mr. Dunbar also has an active appellate practice. He has represented clients in matters before the United States Supreme Court, multiple federal courts of appeals, and state high courts. These appellate matters have involved a wide range of civil and criminal subject matters, including federal preemption, the Freedom of Information Act, the Indian Gaming Regulatory Act, Sarbanes Oxley, bankruptcy, insurance class actions, federal communications law, the Voting Rights Act, and the First Amendment. Mr. Dunbar has presented oral arguments on behalf of clients in multiple federal courts (appellate and district), including before the Eighth Circuit, the Ninth Circuit, and the DC Circuit.
Mr. Dunbar joined the firm after serving as an attorney-adviser in the Office of Legal Counsel at the Department of Justice. During his time at the Department, Mr. Dunbar assisted in drafting opinions resolving legal disputes between and among executive branch agencies and in providing advice on a range of APA, constitutional, executive privilege, and statutory issues to the Office of the Attorney General, the White House, and other executive branch agencies.
Professional Activities
Mr. Dunbar is admitted to practice before the US Supreme Court, the US Courts of Appeals for the First, Fourth, Fifth, Eighth, Ninth, Tenth, and District of Columbia Circuits, and the US District Courts for the District of Columbia, the Northern District of Florida, the Western District of Michigan, and the District of Maryland.
Mr. Dunbar is a fellow of the American Bar Foundation and a member of the Working Group on Compiling Administrative Records of the Administrative Conference of the United States.