Dana E. Foster

Mr. Foster is a seasoned trial and appellate litigator with 20 years of litigation experience. He advises domestic and foreign clients in all aspects of complex civil and criminal matters, both at the federal and the state level. Mr. Foster's practice focuses on litigation in US courts and before US regulators, but he has broad experience in navigating the often intricate procedures of foreign tribunals and regulators, including the European Commission, Brazil's Administrative Council for Economic Defense, the Japan Fair Trade Commission, the Korea Fair Trade Commission, and Mexico's Federal Economic Competition Commission, among others.

Mr. Foster has particular expertise in class action defense matters, including aggressive strategies for offense-oriented discovery and success in motion practice before trial. 

Mr. Foster's trial achievements include representing Anthem as trial counsel in an action related to the efforts by Cigna's management to undermine Anthem's $54 billion acquisition of Cigna. The case involved competing claims for tens of billions of dollars, and it was closely followed by major media outlets. After a two-week bench trial, Mr. Foster achieved a landmark victory for Anthem, defeating each of Cigna's claims.

Mr. Foster also successfully defended Toshiba at two separate trials—one brought by a direct purchaser class and another by an opt-out Fortune 500 company—involving price-fixing claims in the LCD industry.

Mr. Foster's appellate victories include a rarely granted Rule 23(f) petition and a groundbreaking decision vacating class certification by the US Court of Appeals for the First Circuit in the In re Asacol Antitrust Litigation, in which the First Circuit ended plaintiffs' widespread use of post-trial affidavits to identify uninjured class members.

Mr. Foster also represents sovereigns and international organizations, both in litigation and commercial matters. Mr. Foster achieved a first-of-its-kind victory for International Finance Corporation (IFC), first in the US District Court for the District of Columbia and then in the DC Circuit, the latter of which issued the first published decision from a US Court of Appeals in which the court applied the Foreign Sovereign Immunities Act (FSIA) to international organizations. Collectively, the decisions preserved immunity from suit for IFC and other multi-development banks (MDBs) for the management of projects overseas. 

Mr. Foster advises clients in connection with governmental investigations and in conducting their own internal reviews.

Mr. Foster has deep experience with the Firm's pharma and sovereign clients.

Mr. Foster co-founded the Antitrust Group's Racial Justice Task Force, a coalition of over 90 attorneys and staff members across the Firm's global network taking concrete action in the areas of criminal justice reform, education, and economic development. Mr. Foster works with clients and non-profits in the United States and Europe representing indigent defendants in criminal and civil matters, providing job training to refugees, and expanding the Firm's urban debate presence to every US office, among many other initiatives. 

Pro bono work is also a pillar of Mr. Foster's practice. He is the Pro Bono Partner for the Washington, DC office. He has argued before the US Court of Appeals for the Fourth Circuit, and he regularly appears in the Domestic Relations branch of the DC Superior Court on behalf of both parents and children. Mr. Foster represents indigent individuals in both civil and criminal matters in state and federal courts. 

Mr. Foster leads the Firm's recruiting efforts at the University of Virginia School of Law.

Prior to joining White & Case, Mr. Foster served in the US Navy as a Nuclear Electronics Technician aboard the Virginia-class nuclear guided missile cruiser USS Texas and the nuclear-powered aircraft carrier USS Enterprise.