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Mark A.
Cunningham

Position
Partner
Office
New Orleans

Mark Cunningham is a partner in the Litigation Practice Group and co-team leader of the corporate compliance and white collar defense team.


Mark is ranked in the first band — top tier — for white-collar crime and government investigations in Louisiana by Chambers USA. He is listed in Benchmark Litigation, Best Lawyers®, and noted multiple years as a New Orleans CityBusiness Leader in Law. Mark serves as primary outside antitrust and compliance counsel for companies in a wide range of industries. His recent litigation engagements include serving as lead antitrust counsel in Department of Justice antitrust price-fixing and merger investigations in the agriculture sector and representing the Group of Five NCAA College Football Playoff conferences in student athlete antitrust and concussion class actions and conference realignment disputes.

Mark also provides strategic transaction advice to clients on competition and trade issues related to the structuring of national and global distribution networks, joint ventures, mergers and acquisitions, and intellectual property protection. He is highly regarded for his creativity in providing practical solutions for clients confronting complex regulatory frameworks to achieve their business objectives, whether they are considering a strategic sale or an acquisition or new approaches to pricing, supply chain management, distribution, or product promotion. Mark’s recent Hart-Scott-Rodino Act, Office of Foreign Assets Control, Committee on Foreign Investment in the United States, and Department of Commerce engagements include complex, high-value transactions in the petrochemicals, telecommunications, maritime, energy, and agriculture sectors.

Much of Mark’s practice is also focused on representing clients selling pharmaceuticals, alcohol, and other consumer packaged goods to assure their compliance with Federal Trade Commission, Food and Drug Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Drug Enforcement Administration regulations and state consumer protection and tied-house laws. He also represents industry groups and group purchasing organizations to provide counseling and support for their standard-setting, benchmarking, and development of other member resources. Mark works closely with these organizations and their members to help them manage their communications, programming, and membership elections without running afoul of US and foreign antitrust laws.

In addition to his work for commercial clients, Mark has dedicated much of his career to working on criminal justice reform. He has served as lead trial counsel in a number of high-profile lawsuits challenging prosecutorial misconduct and government overreach and was recently appointed by a court as co-lead trial counsel in a constitutional class action challenge to the public defender system in Louisiana. In 2016, Mark received the Orleans Public Defenders Award for Extraordinary Commitment to Public Defense after obtaining the dismissal of felony criminal charges levied against a defense investigator in retaliation for her public defense work.

In 2015, the lawyers of the state of Louisiana elected Mark to serve as the 75th president of the Louisiana State Bar Association. During his service as president, Mark worked closely with the Louisiana Supreme Court on the establishment of an Access to Justice Commission and on prisoner reentry and other programs designed to end mass incarceration. He currently serves on the board of trustees of Pitzer College, a top-ranked liberal arts school in Southern California.

Noteworthy

  • Best Lawyers®, "Lawyer of the Year," New Orleans Bet-the-Company Litigation (2023)
  • Best Lawyers®, "Lawyer of the Year," New Orleans Litigation – Antitrust (2022, 2024 and 2026)
  • Best Lawyers®, "Lawyer of the Year," New Orleans Antitrust Law (2011, 2016, 2019, 2021, 2024 and 2026)
  • Best Lawyers®, "Lawyer of the Year," New Orleans Administrative/Regulatory Law (2013 and 2018)
  • New Orleans Magazine, Top Lawyer (listed annually since 2018)
  • Benchmark Litigation, Local Litigation Star (listed annually since 2022, also listed 2017–2015)
  • Chambers USA, Litigation: White-Collar Crime & Government Investigations (listed annually since 2016)
  • Orleans Public Defender Award for Extraordinary Commitment to Public Defense (2016)
  • Louisiana Super Lawyers, Antitrust Litigation (listed annually since 2013)
  • New Orleans CityBusiness Leadership in Law Award (2012, 2013, and 2015)
  • Benchmark Litigation, Future Star (2014, 2013, and 2012)
  • Pro Bono Champion Award, American Health Lawyers Association (2012)
  • The Best Lawyers in America®, Administrative/Regulatory Law, Antitrust Law, Bet-the-Company Litigation, Commercial Litigation, Litigation – Antitrust, and Litigation – Mergers and Acquisitions (listed annually since 2009)
  • The Pro Bono Project Leadership Award (2009)
  • The Pro Bono Project Distinguished Service Award (2007 and 2008)
  • AV Preeminent® Peer Review Rating in Martindale-Hubbell

Clerkships

  • Judge Charles Schwartz, Jr., US District Court for the Eastern District of Louisiana
  • Judge Sarah S. Vance, US District Court for the Eastern District of Louisiana

Teaching Appointments

  • Loyola University New Orleans College of Law – Adjunct Professor of Antitrust Law

Professional Appointments

  • Louisiana State Bar Association – President
  • National Center for State Courts – Lawyers Committee
  • Louisiana Supreme Court Judicial Ethics Committee
  • Louisiana Supreme Court Post-Conviction Relief Ad Hoc Committee
  • Tulane Law Review Senior Managing Editor

Civic Appointments

  • New Orleans Regional Leadership Institute – Chairman (2017–2019)
  • Louisiana Child Protection Representation Commission (2015–2016)
  • New Orleans CityBusiness Leadership in Law Award (2012, 2013, and 2015)
  • Louisiana Center for Law & Civic Education – President (2011–2014)
  • The Pro Bono Project – Chairman (2009–2010)
  • Tulane European & Civil Law Forum – Board of Editors (1996–to date)
  • WRBH Radio for the Blind and Print Handicapped – Chairman (2007)

Experience

Mark served as the lead trial or appellate attorney in cases that led to the following reported decisions:

  • Veritext Corp. v. Bonin, 2018 U.S. App. LEXIS 23010, __ F.3D __, 2018 WL 3949498 (5th Cir. 2018) (price fixing litigation)
  • Jenkins v. NCAA (In re NCAA Ath. Grant-In-Aid Cap Antitrust Litig.), 311 F.R.D. 532, 2015-2 Trade Cas. (CCH) P79,381 (C.D.Cal. 2015) (price fixing litigation)
  • Camsoft Data Sys. v. Southern Elecs. Supply, Inc., 756 F.3d 327 (5th Cir. 2014) (trade secret/antitrust litigation)
  • 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)

Publications

  • "Developments in Corporate Compliance and Enforcement," Compliance and White Collar Defense Team 2024 Mid-Year Report, 2024
  • "Developments in Corporate Compliance and Enforcement," Compliance and White Collar Defense Team 2023 Mid-Year Report, 2023
  • "2023 Antitrust and Consumer Protection Developments in Medical Device Manufacturing: Effectively Managing Compliance Risk in an Increasingly Hostile Environment," Medical Device News Network, July 13, 2023
  • "4 Ways to Safeguard and Stabilize Your Supply Chain," Inbound Logistics, April 27, 2020
  • "Strategies for Collaborating With Other Health Care Firms to Expand Production and Secure the Supply Chain," Jones Walker LLP Healthcare & Litigation Client Alert, April 2, 2020
  • "Securing and Stabilizing Your Supply Chain," Jones Walker LLP Corporate Compliance Client Alert, March 30, 2020
  • "Helping Clients Get Ahead of COVID-19 – Summary of Court Administrative Orders," Jones Walker LLP Litigation Client Alert, March 23, 2020
  • "Treasury Identifies Oil and Gas, Petrochemical, Maritime, Financial Services, and Real Estate as CFIUS Focus Areas," Jones Walker LLP Corporate Client Alert, October 2019
  • "European Court of Justice Invalidates US-EU Safe Harbor Framework," Jones Walker LLP Privacy & Data Security Client Alert, November 18, 2015
  • "One on One with Mark A. Cunningham, 75th LSBA President," Louisiana Bar Journal, June 26, 2015
  • "The Honorable Sarah S. Vance," Federal Bar Association Newsletter, May 26, 2009
  • "Fiddling with the Residency Match Program: Plaintiffs Survive Motion to Dismiss Section One Price Fixing Claim," Jones Walker LLP Health Care Practice Group EZine, August 9, 2004
  • "Merchant Portfolio Litigation Risks Management," Transaction World Magazine, September 1, 2003
  • "April Showers for VISA and MasterCard: A Legal Perspective of the VISA/MasterCard Settlement," TransAction World Magazine, July 1, 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, January 1, 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), January 1, 1995
  • "Preliminary Injunctive Relief in Patent Litigation," 35 Journal of Law & Technology 213, January 1, 1995

Presentations

  • "Civil Discourse and Professionalism," Inns of Court on Teche Bayou, December 3, 2015
  • "Counseling Clients on Effective Benchmarking and Competitive Intelligence Strategies," LSBA's New York, New York CLE, November 22, 2015
  • "A Statutorily Mandated Rocket Docket and Other Surprises—What You Never Learned But Need to Know About Louisiana Antitrust and Unfair Trade Practice Laws," Louisiana Bar Association's New York, New York CLE, November 23, 2014
  • "Antitrust and Unfair Trade Practices," LSBA's The Rhythm of Commercial Litigation CLE, April 25, 2014
  • "Left Out in Louisiana: Addressing the Crisis in Immigration Representation," Human Rights First Conference, March 28, 2014
  • "Leadership With Intention: Institutionalizing Diversity and Inclusion in Your Organization," LSBA Diversity Conclave, March 21, 2014
  • "Race, Poverty and Public Defense: Gideon 50 Years Later in New Orleans," Orleans Public Defender Symposium, 2013
  • "Introduction to Corporate Litigation," Association of Corporate Counsel, Annual Conference, May 24, 2013
  • "How to Prepare Yourself and Your Expert," New Orleans Bar Association, Bench Bar Conference, May 3, 2011
  • "Business Torts in Louisiana," Lorman Education Services, April 22, 2005
  • "Structuring and Counseling Special Purpose Consortia, Forums, and Alliances," American Bar Association Antitrust Section Annual Spring Meeting, January 1, 2005
  • "Hot Topics in Trade Association Law and Counseling," American Bar Association Antitrust Section Annual Spring Meeting, January 1, 2004
New Orleans
201 St. Charles Ave
New Orleans, LA 70170-5100
D: 504.582.8536
F: 504.589.8536
Emailmcunningham@joneswalker.com

Education

  • New York University School of Law
    LLM, Trade Regulation, 1994
  • Tulane University Law School
    JD, 1992
  • Claremont Colleges (Pitzer College)
    BA, 1989

Bar Admissions

  • Louisiana

Court Admissions

  • US Supreme Court
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Federal Circuit
  • US District Court for the Eastern District of Arkansas
  • US District Court for the Western District of Arkansas
  • US District Court for the District of Colorado
  • US District Court for the Central District of Illinois
  • US District Court for the Eastern District of Louisiana
  • US District Court for the Middle District of Louisiana
  • US District Court for the Western District of Louisiana

Related Practices

  • Antitrust & Trade Regulation
  • Biotechnology & Life Sciences
  • Class Action Defense & Multi-District Litigation
  • Corporate Compliance & White Collar Defense
  • Emerging Companies
  • Healthcare
  • Intellectual Property
  • International Trade & Customs Law
  • Litigation

Related Industries

  • Banking & Financial Services Industry
  • Healthcare Industry
  • Industrial, Petrochemical & Advanced Manufacturing
  • Sports and Entertainment
  • Technology
  • Cruise Industry
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