Mark A. Cunningham

Mark A. Cunningham


Jones Walker LLP

Recognized since 2009

New Orleans, Louisiana

Practice Areas

Administrative / Regulatory Law

Antitrust Law

Bet-the-Company Litigation

Commercial Litigation

Litigation - Antitrust

Litigation - Mergers and Acquisitions

Lawyer of the Year Badge - 2023 - Bet-the-Company Litigation
Lawyer of the Year Badge - 2023 - Bet-the-Company Litigation Lawyer of the Year Badge - 2022 - Litigation - Antitrust Lawyer of the Year Badge - 2021 - Antitrust Law Lawyer of the Year Badge - 2019 - Antitrust Law Lawyer of the Year Badge - 2018 - Administrative / Regulatory Law Lawyer of the Year Badge - 2016 - Antitrust Law Lawyer of the Year Badge - 2013 - Administrative / Regulatory Law Lawyer of the Year Badge - 2011 - Antitrust Law
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Mark A. Cunningham is a partner in the Litigation Practice Group and co-team leader of the corporate compliance and white collar defense team. Mark provides strategic 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. Mark also serves as first-chair trial counsel for companies and individuals under law enforcement scrutiny or facing bet-the-company litigation.Mark is ranked in the first band — the top tier — for white-collar crime and government investigation in Louisiana by Chambers USA and Benchmark Litigation, Super Lawyers, The Best Lawyers in America, and New Orleans CityBusiness and serves as primary outside antitrust and compliance counsel for companies in a wide range of industries, including the petrochemical, energy, agriculture, financial services, insurance pharmaceutical, food, healthcare, and entertainment sectors. While much of his work for clients is highly confidential, his recent public antitrust engagements include serving as lead trial counsel for the Sun Belt Conference in multi-district antitrust litigation challenging athletic scholarships, for the Sun Belt Conference in multi-district litigation seeking class action treatment for student athlete concussion claims, and for Stewart Enterprises in the merger clearance investigation of the $1.4 billion acquisition by Service Corporation International. Mark also counsels clients on their consumer protection, advertising, privacy, 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 and counseling clients in privacy and advertising-related investigations and proceedings before the Federal Trade Commission, state attorney generals, and the National Advertising Division of the Better Business Bureau (BBB). In addition to his work for firm 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 he obtained 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 LSBA president, Mark worked closely with the Louisiana Supreme Court on the establishment of an Access to Justice Commission and on prisoner re-entry and other programs designed to end mass incarceration.

Location

  • 201 Saint Charles Avenue
    New Orleans, LA 70170-5100

Education

  • New York University , LLM, graduated 1994
  • Tulane University , J.D., graduated 1992
  • Pitzer College, B.A., graduated 1989

Bar Admissions

  • Louisiana, LA

Court Admissions

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

Jones Walker LLP
Headquarters: New Orleans, Louisiana

141 The Best Lawyers in America® awards

35 Best Lawyers: Ones to Watch in America awards

Full Firm Profile

Lawyer of the Year Badge - 2023 - Bet-the-Company Litigation Lawyer of the Year Badge - 2022 - Litigation - Antitrust Lawyer of the Year Badge - 2021 - Antitrust Law Lawyer of the Year Badge - 2019 - Antitrust Law Lawyer of the Year Badge - 2018 - Administrative / Regulatory Law Lawyer of the Year Badge - 2016 - Antitrust Law Lawyer of the Year Badge - 2013 - Administrative / Regulatory Law Lawyer of the Year Badge - 2011 - Antitrust Law

Named "Lawyer of the Year" by Best Lawyers® for:

  • Bet-the-Company Litigation, New Orleans (2023)
  • Litigation - Antitrust, New Orleans (2022)
  • Antitrust Law, New Orleans (2021)
  • Antitrust Law, New Orleans (2019)
  • Administrative / Regulatory Law, New Orleans (2018)
  • Antitrust Law, New Orleans (2016)
  • Administrative / Regulatory Law, New Orleans (2013)
  • Antitrust Law, New Orleans (2011)

Recognized in The Best Lawyers in America® 2023 for work in:

  • Antitrust Law
  • Bet-the-Company Litigation
  • Commercial Litigation
  • Litigation - Antitrust
  • Litigation - Mergers and Acquisitions
  • Administrative / Regulatory Law

Awards:

  • Orleans Public Defender Award for Extraordinary Commitment to Public Defense (2016)
  • Pro Bono Champion Award, American Health Lawyers Association (2012)
  • The Pro Bono Project Leadership Award (2009)
  • The Pro Bono Project Distinguished Service Award (2007 and 2008)

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