Photo of Brett A. Shumate


J.D., magna cum laude, Wake Forest University School of Law; Order of the Coif

B.A., magna cum laude, Furman University; Phi Beta Kappa

Law Journals

Executive Editor, Wake Forest Law Review


Law Clerk for the Honorable Edith H. Jones, Chief Judge, U.S. Court of Appeals for the Fifth Circuit (2006-2007)

Bar and Court Admissions

District of Columbia Bar

Virginia Bar

Supreme Court of the United States

U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits

U.S. District Courts for the District of Columbia and Eastern District of Virginia

U.S. Court of Federal Claims

U.S. Court of International Trade

Supreme Court of Virginia

Brett focuses on administrative law and appellate litigation. He recently argued in the D.C. Circuit against the Federal Communications Commission’s (FCC) “net neutrality” rules. He has significant experience handling cases involving Title II common carrier, satellite, wireless, cable, and Internet issues under the Communications Act. He is currently counsel of record to the American Bankers Association in a case seeking damages in the Court of Federal Claims for the reduction in the Federal Reserve dividend rate enacted in the 2015 FAST Act. Apart from his appellate litigation experience, Brett has played a key role in litigation in the federal district courts, focusing on dispositive motion practice in cases raising complex or novel legal questions. He also advises clients on business practices that implicate the FCC’s net neutrality rules.

Representative Experience

Administrative Law Litigation Experience:

  • Represents companies in complex federal court litigation, including class actions, involving the Administrative Procedure Act, the First Amendment, the Communications Act, and the Telephone Consumer Protection Act (TCPA).
  • Successfully represented Verizon in appellate challenge to FCC order adopting net neutrality rules for providers of broadband Internet access service.
  • Representing petitioners in appeal of FCC order adopting net neutrality rules and reclassifying broadband Internet access service under Title II of the Communications Act.
  • Counsel of record to American Bankers Association in Court of Federal Claims action seeking over $1 billion in damages for reduction of Federal Reserve dividend rate.
  • Represents petitioners in appeal of FCC order adopting net neutrality rules and reclassifying broadband Internet access service under Title II of the Communications Act.
  • Successfully argued international trade appeal involving antidumping duties. 
  • Representing United States Telecom Association in appeal of FCC order related to local cable franchising requirements. 

Appellate Litigation Experience:

  • Successfully argued appeal involving a question of first impression under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
  • Successfully argued appeal involving subject matter jurisdiction under the federal Quiet Title Act.
  • Successfully overturned federal criminal tax convictions and seven-year sentence on appeal.
  • Successfully represented amicus curiae in obtaining Supreme Court of the United States decision summarily reversing state campaign finance restriction on independent expenditures.

Professional Experience

  • Law Clerk, U.S. Department of Justice, Office of Legal Policy (2004)


  • American Bar Association (ABA)
  • Federal Communications Bar Association (FCBA)
    • Co-Chair, Judicial Practice Committee
  • The Federalist Society
    • Executive Committee, Telecommunications & Electronic Media Practice Group


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