Ian M. Dumain
Areas of Practice
Benjamin N. Cardozo School of Law, J.D., summa cum laude, 2004; Order of the Coif; Felix Frankfurter Award; Benjamin N. Cardozo Writing Award; Executive Editor, Cardozo Law Review
Hamilton College, B.A., Government, 1999
United States Court of Appeals: Second and Ninth Circuits
United States District Court: Eastern, Northern and Southern Districts of New York; District of Connecticut
Ian Dumain is a member of Boies, Schiller & Flexner's litigation department. He has a complex commercial litigation practice with a focus on high-stakes arbitrations and litigations. He has handled cases in a variety of substantive areas, including accounting fraud and malpractice, legal malpractice, contract and licensing disputes, and financial fraud and business torts. His experience also includes government investigations in areas including antitrust, Medicaid fraud, and false claims.
Mr. Dumain has experience in all phases of litigation, including pre-litigation case assessment, deposition and document discovery, trial, and appeal. He has participated in trials and hearings in federal court and before arbitral tribunals, argued motions in state and federal courts, and briefed appeals in state and federal courts. He also has experience negotiating settlements, both before and after litigation has begun.
Representative experience includes:
- Member of trial team that defended medical device company against claims that it breached its a $21.5 billion merger agreement. At the 2014 trial, Mr. Dumain handled the cross-examinations of the investment bankers the plaintiff called to support its claim for over $7 billion in damages. The case settled after the 2014 trial for a fraction of the claimed damages and a release of certain unrelated claims.
- Represented an RMBS trustee in breach of representation and warranty claims against the originator and sponsor of a $900 million RMBS securitization. The case settled on favorable terms on the eve of the September 2015 trial.
- Leading trial team in high-profile dispute between internationally renowned artist and airport terminal over the removal of artist's sculpture from the terminal. The case was settled on favorable terms after Mr. Dumain's opening statement, and before the tribunal began taking evidence.
- Member of trial team in multi-phase international arbitration between a pharmaceutical company and the Japanese distributor of one of its leading products concerning the supply price of the product.
- Representing hedge-fund portfolio manager in his appeal of the dismissal of a state court contract action arising from his former employer’s failure to honor an option to obtain a 25% interest in the hedge fund. After obtaining reversal in the appellate court, defeated trial-court motion to reargue dismissal of defendants’ counterclaims.
- Member of trial team in civil RICO prosecution arising out of fraudulent sale of interests in leading thoroughbred stallions. Conducted the adverse direct examination and cross examination of the principal individual defendant, against whom the jury imposed a $1.6 million punitive damage award.
- Representing AmLaw 100 law firm in legal malpractice case arising from client’s zoning advice to Manhattan developer; representing Big Four accounting firm in multi-billion dollar litigation concerning its audit work.
- Representing medical diagnostics company in government investigation into the labeling of one of its diagnostic products.
- Representing international bank in two high-profile government investigations into alleged manipulation of benchmark interest rates.
Mr. Dumain has also maintained an active pro bono practice. Representative pro bono matters include:
- Representing putative class of Medicaid patients in class action lawsuit against government and five private defendants arising from defendants’ failure to provide class members with due process rights before reducing or terminating their Medicaid-funded Certified Home Health Services. Negotiated stipulations in lieu of preliminary injunctions with the private defendants at the outset of the litigation that provided the putative class with additional procedural protections, and later negotiated settlements with the private defendants that made permanent those protections.
- Representing guardians of two minor sisters in personal injury action seeking recovery for sexual abuse. Obtained $10,000,000 ex parte order of attachment at the outset of the case, and negotiated $1 million settlement—substantially all of the defendant’s known assets—after taking asset-related discovery but before defendant began discovery.
For more than a decade, Mr. Dumain has also represented prisoners seeking to prove their innocence through post-conviction DNA testing. For example, Mr. Dumain successfully represented a New Hampshire inmate in federal civil rights lawsuit seeking access to evidence from his 1973 murder trial for DNA testing. In its opinion denying the State’s motion to dismiss in that case, the District Court noted that Mr. Dumain's client was “represented by capable legal counsel,” who “filed a detailed legal memorandum.” Mr. Dumain was a member of the Innocence Project at the Benjamin N. Cardozo School of Law. In his second year, he was a student intern in the Innocence Project clinic. In his third year, he was a research assistant to Professor Barry C. Scheck, co-founder and co-director of the Project. In 2015, the Innocence Project honored Mr. Dumain with an Advocate for Justice Award for his work.
Mr. Dumain was recognized as a Rising Star in 2015 by Law360, and in the 2011, 2012, 2013, 2014 and 2015 New York-Metro editions of Super Lawyers. In 2008, he received the Thurgood Marshall award from the New York City Bar Association for his representation of an Alabama death-row inmate in his effort to obtain post-conviction DNA testing.
Mr. Dumain was also recognized with a number of honors during his tenure at the Benjamin N. Cardozo School of Law. At graduation, he received the Felix Frankfurter Award for combining outstanding academic achievement, maturity, responsibility, diligence, and judgment, and the Benjamin N. Cardozo Writing Award for best research paper. After his second year, he was elected to one of three executive board positions on the Cardozo Law Review. And he was named a Dean's Distinguished Scholar after his first year, a distinction he maintained for the rest of his time at the law school.
No Secret, No Defense: United States v. Progressive, 26 Cardozo L. Rev. 1323 (2005), reprinted in The First Amendment Law Handbook (Rodney Smolla ed., 2006).
Partner Ian Dumain honored by Innocence Project (October 22, 2015)
Boies, Schiller & Flexner Elects New Partners (December 16, 2014)
54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
BSF Wins Jury Trial in Las Vegas Federal Court (December 15, 2007)
Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)
Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)
Firm Report: March 2006 (Vol. 1, Issue I) (03.01.2006)