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Areas of Practice
Education
  • New York University School of Law, LL.M., 1994
  • Tulane University Law School, J.D., 1992
  • Claremont Colleges (Pitzer College), B.A., 1989
Bar Admissions
  • Louisiana, 1996
Court Admissions
  • U.S. Supreme Court, 2002
  • Fed. Cir., 2012
  • 5th Cir., 1996
  • E.D. Ark., 1999
  • W.D. Ark., 1999
  • D. Colo., 2002
  • C.D. Ill., 2011
  • E.D. La., 1996
  • M.D. La., 1996
  • W.D. La., 1996
professionalsBio
Mark Cunningham
Partner
201 St. Charles Ave
New Orleans, LA 70170-5100
504.582.8536 tel
504.589.8536 fax

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Mark A. Cunningham is a partner with the Corporate Compliance and White Collar Defense Team. He maintains an active national trial and appellate practice focused on antitrust, intellectual property, trade regulation, and securities disputes.

In 2017, Mr. Cunningham was one of only four lawyers in Louisiana recognized in the top tier for white collar litigation defense by Chambers USA. He has also been annually recognized by Benchmark Litigation, Super Lawyers, The Best Lawyers in America, and New Orleans CityBusiness for his trial work. Mr. Cunningham is a highly respected leader in the Louisiana legal community and was elected by his peers to serve as the 75th President of the Louisiana State Bar Association in 2015.

Mr. Cunningham serves as primary outside antitrust counsel for companies in a wide range of industries, including the energy, petrochemical, and healthcare sectors. His recent significant antitrust engagements include serving as lead counsel for Stewart Enterprises, Inc. before the Federal Trade Commission in connection with its $1.4 billion acquisition by Service Corporation International. He also recently defeated an application for temporary restraining order and preliminary injunction against an international recycling concern charged with federal antitrust violations.  

Mr. Cunningham also counsels clients on their consumer protection, privacy, international data transfers, and data security obligations under federal, state, and international law. His work in this area includes development and oversight of an electronic data export plan for a significant energy concern, counseling clients on customer data usage in direct marketing campaigns, and representation of clients in privacy and advertising-related investigations and proceedings before the Federal Trade Commission.

In the area of trade regulation, Mr. Cunningham recently served as lead counsel for a software concern targeted by federal authorities for allegedly violating the embargo against Iran. Although the prosecution commenced with a "dawn raid" by three different federal agencies, the company successfully avoided criminal prosecution and resolved all civil claims, without any loss of its export privileges. In addition to criminal defense, Mr. Cunningham regularly works with clients to respond to OFAC and BIS investigations and on transactional due diligence and risk analysis.

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

  • Felder's Collision Parts v. General Motors Co., 960 F.Supp.2d. 617 (M.D.La. 2013) Trade Cases (predatory pricing litigation)

  • Louisiana Crisis Assistance Center v. Marzan Lesnevich, 878 F.Supp.2d. 662 (E.D. La. 2012) (anti-SLAPP litigation)

  • WebApps LLC v. Accelerize New Media, 847 F.Supp.2d 912 (E.D. La. 2012) (Computer Fraud and Abuse Act litigation).
  • Louisiana Crisis Assistance Center v. Marzana-Lesnevich, 827 F.Supp.2d 668 (E.D. La. 2011) (anti-SLAPP litigation).
  • Camsoft Data Systems v. Southern Electronics Supply, Inc.¸ 2 Trade Cases P. 78,017 (M.D. La. 2010) (trade secret/antitrust litigation).
  • Belle Chasse Automotive Parts v. Advanced Auto Parts, 2009 WL 799760 (E.D. La. May 20, 2009) (security breach putative class action litigation).
  • Cunningham v. Offshore Specialty Fabrications, Inc., 543 F.Supp.2d. 614 (E.D. Tex. 2008), aff’d, 663 F.3d 759 (5th Cir. 2011) (RICO putative class action litigation).
  • Cordes & Co. Financial Services, Inc. v. A.G. Edwards & Sons, Inc., 502 F.3d 91 (2nd Cir. 2007) (antitrust putative action litigation).
  • In re Issuer Plaintiff Initial Public Offering Antitrust Litigation, 234 F.R.D. 67 (S.D.N.Y. 2006) (antitrust putative class action litigation).
  • Jama v. Gonzales, 431 F.3d 230 (5th Cir. 2005) (immigration law putative class action litigation).

Noteworthy

  • Recognized in 2017 by "Chambers USA – America’s Leading Lawyers for Business" as one of four attorneys in the top tier for Litigation: White-Collar Crime & Government Investigations.

  • AV Preeminent® Peer Review Rating in Martindale-Hubbell

  • Listed in Benchmark Litigation 2017, 2016, and 2015 as a Local Litigation Star

  • Listed in Benchmark Litigation 2014, 2013, and 2012 as a Future Star

  • Recognized by Best Lawyers® as the 2018 Administrative/Regulatory Law "Lawyer of the Year" in New Orleans

  • Recognized by Best Lawyers® as the 2016 Antitrust Law "Lawyer of the Year" in New Orleans

  • Named New Orleans "Best Lawyers Administrative/Regulatory Law Lawyer of the Year" 2013

  • Named New Orleans "Best Lawyers Antitrust Lawyer of the Year" 2011

  • Listed in The Best Lawyers in America® 2018 (Copyright 2017 by Woodward/White, Inc.) in the areas of Administrative/Regulatory Law, Antitrust Law, Bet-the-Company Litigation, Commercial Litigation, Litigation - Antitrust, and Litigation - Mergers and Acquisitions (listed annually since 2009)

  • Listed in the 2017 edition of Louisiana Super Lawyers in the area of Antitrust Litigation (listed since 2013)

  • Recipient of 2016 Orleans Public Defender Award for Extraordinary Commitment to Public Defense

  • Recipient of New Orleans CityBusiness Leadership in Law Award 2015

  • Recipient of New Orleans CityBusiness Leadership in Law Award 2013

  • Recipient of New Orleans CityBusiness Leadership in Law Award 2012

  • Recipient, Pro Bono Champion Award, American Health Lawyers Association (2012)

  • Recipient of The Pro Bono Project Leadership Award (2009)

  • 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)

Teaching Appointments

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

Professional Appointments

  • National Center for State Courts

    • Lawyers Committee

  • Louisiana Supreme Court

    • Judicial Ethics Committee
    • Post-Conviction Relief Ad Hoc Committee

  • American Bar Association

    • Vice Chair, Trade Associations Committee, Section of Antitrust Law (2002–2005)

    • Publisher/Editor, Trade Associations Committee Newsletter, Information Exchange (2003 to date)

    • Assistant Editor, Antitrust Law Journal (1998–2002)

  • Louisiana State Bar Association

    • President (2015)
       
    • President-Elect (2014-2015)
       
    • Treasurer (2010–2012) 
       
    • Secretary (2007-2008)
       
    • 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)
       
    • New Orleans Bar Association 
       
    • Board of Directors (2012 to date)

                    Civic Appointments

                    • American Bar Foundation Fellow (2011 to date)

                    • Child Protection Representation Commission

                      • Member (commencing 2016)

                    • Louisiana Center for Law & Civic Education

                      • President (2011–2014)

                      • Board of Directors (2009 to date) 
                    • New Orleans Regional Leadership Institute 

                      • Chair (2017)

                      • Vice Chair (2015)

                      • Board of Directors (2010 to date)

                      • Graduate (2009)
                      • 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)

                      News

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                      Presentations

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                      Publications

                      • One on One with Mark A. Cunningham, 75th LSBA President:
                        Master “Multi-Tasker” Tackling Challenges for the Legal Profession Louisiana Bar Journal, June 2015
                      • "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)
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