Mark Cunningham is a partner in the firm's Business & Commercial Litigation Practice Group, and represents and counsels a diverse group of national and international companies in their day-to-day business operations and transactions, particularly in the areas of antitrust, export control, and regulatory compliance issues. He also maintains an active national trial and appellate practice, and regularly assists clients in responding to grand jury subpoenas, civil investigative demands, cease and desist orders, and other compulsory processes from international, federal, and state regulators, including the European Commission, the Justice Department, and the Federal Trade Commission.

Mr. Cunningham's recent significant engagements include serving as lead counsel for a software concern targeted by federal authorities for criminal and civil violations of export control laws, including the International Emergency Economic Powers Act and Iranian Transaction Regulations. Although the prosecution commenced with the surprise execution of search warrants by criminal investigators from three different federal agencies, the company successfully avoided criminal prosecution and resolved all civil claims, without any loss of its export privileges, in a universal settlement negotiated by Mr. Cunningham. He also recently defeated an application for temporary restraining order and preliminary injunction on behalf of an international concern allegedly engaged in an unlawful boycott, obtained a preliminary injunction against a software licensee pirating software on behalf of hacker syndicate located in Eastern Europe, and obtained a not-guilty verdict on behalf of a wrongfully accused juvenile facing a mandatory life sentence. Mr. Cunningham also regularly works in cooperation with law enforcement agencies, including the Federal Bureau of Investigation, in confidential investigations to obtain relief for clients harmed by the criminal acts of third parties.

Mr. Cunningham served as the lead trial attorney or second chair in the cases that led to the following reported decisions:

• Schaefer v. State Farm and Casualty Co., 507 F.Supp.2d 587 (E.D. La. 2007) (class action antitrust litigation).
• Belle Chasse Automotive Parts v. Advanced Auto Parts, __ Supp. __, 2009 WL 799760 (E.D. La. May 20, 2009) (security breach class action litigation).
• Louisiana ex. rel. Caldwell v. Allstate Insurance Co., 536 F.3d 418 (5th Cir. 2008) (antitrust litigation).
• Cunningham v. Offshore Specialty Fabrications, Inc., 543 F.Supp.2d. 614 (E.D. Tex. 2008) (RICO class action litigation).
• Cordes & Co. Financial Services, Inc. v. A.G. Edwards & Sons, Inc., 502 F.3d 91 (2nd Cir. 2007) (antitrust class action litigation).
• In re Issuer Plaintiff Intial Public Offering Antitrust Litigation, 234 F.R.D. 67 (S.D.N.Y. 2006) (antitrust class action litigation).
• Jama v. Gonzales, 431 F.3d 230 (5th Cir. 2005) (immigration class action litigation).

Noteworthy

• Listed in The Best Lawyers in America® 2010 (Copyright 2009 by Woodward/White, Inc.) in the areas of Administrative Law, Antitrust Law, Bet-the-Company Litigation, and Commercial Litigation (listed annually since 2009)
  
• Secretary, Louisiana State Bar Association (2007–2009)
• Recipient of The Pro Bono Project Leadership Award (2009)
  
• Board of Governors, Louisiana State Bar Association (2007–2012)
• Recipient of The Pro Bono Project Distinguished Service Award (2007, 2008)

Clerkships

• U.S. District Judge Charles Schwartz, Jr., E.D. La.
• U.S. District Judge Sarah S. Vance, E.D. La.

Law Review

• Senior Managing Editor, Tulane Law Review (1992)
• Associate Member, Tulane Law Review (1991)

News

• Cunningham Receives 2009 Pro Bono Leadership Award
• 2010 Best Lawyers in America Rankings Showcase Jones Walker’s Depth, Growth
• Sixty-Three Jones Walker Attorneys Named in The Best Lawyers in America® 2009; Jones Walker Top-Listed in Louisiana
• Cunningham Selected Member of New Orleans Regional Leadership Institute Class of 2009
• Jones Walker Sponsors 2007 Justice for All Ball
• Cunningham Sworn In as Secretary of Louisiana State Bar Association

More

Presentations

• CLE Instructor, "Business Torts in Louisiana", 2005
• Moderator, "Structuring and Counseling Special Purpose Consortia, Forums, and Alliances", 2005, American Bar Association Annual Spring Meeting
• Moderator, "Hot Topics in Trade Association Law and Counseling", 2004, American Bar Association Annual Spring Meeting

Publications

• "The Honorable Sarah S. Vance"
  Federal Bar Association Newsletter, 2009
• "Merchant Portfolio Litigation Risks Management"
  Transaction World Magazine, September 2003
• "April Showers for VISA and MasterCard: A Legal Perspective of the VISA/MasterCard Settlement"
  TransAction World Magazine, July 2003
• "Lawyer Advertising Across State Lines: Should the Louisiana Supreme Court Act?"
  Around the Bar, Baton Rouge Bar Association, February 2003
• "Litigating Metatag Keyword Infringement Claims"
  The IP Litigator, May 1, 1998
• "Utilitarian Design Features and Antitrust Parallels: An Economic Approach to Understanding the Functionality Defense in Trademark Litigation"
  18 Hastings Communications and Entertainment Law Journal 469, 1996
• "A Complementary Existence: An Economic Assessment of the Trademark and Competition Law Interface in the European Economic Community"
  10 Civil & European Law Forum 1, 1995
• "Preliminary Injunctive Relief in Patent Litigation"
  35 Journal of Law & Technology 213, January 1, 1995

Memberships

Teaching Appointments

• Adjunct Professor of Antitrust Law, Loyola University New Orleans College of Law (2001 to date)

Professional Appointments

• American Bar Association
  • Vice Chair, Trade Associations Committee, Section of Antitrust Law (2002 to date)
  • Publisher/Editor, Trade Associations Committee Newsletter, Information Exchange (2003 to date)
  • Assistant Editor, Antitrust Law Journal (1998–2002)

• Louisiana State Bar Association
• Treasurer (2010–2012)
• Executive Committee (2007–2009)
• Managing Editor, Louisiana Bar Journal (2007–2009)
  
• Chair, Lawyer Advertising Committee (2000–2004)
• Committee on the Profession (2007–2009)
• Client Protection Fund Committee (1996–2002)
• Editorial Board, Louisiana Bar Journal (1997–2003)

Civic Appointments

• Louisiana Center for Law & Civic Education
  
• Board of Directors (2009 to date)
  
• New Orleans Regional Leadership Institute (2009)
• Board of Directors (2010 to date)
  
• The Pro Bono Project
• Chairman (2009–2010)
• Board of Directors (2003–2010)
• Tulane European & Civil Law Forum
• Board of Editors (1996 to date)
• WRBH Radio for the Blind and Print Handicapped
  
• Chairman (2007)
  
• Board of Directors (1998–2007)
• New Orleans Center for the Creative Arts (Board of Directors, 1998–2001)