Mr Richard Cunningham > Kirkland & Ellis LLP > Washington DC, United States > Lawyer Profile
Kirkland & Ellis LLP Offices

1301 Pennsylvania Avenue, N.W.
Washington, D.C., 20004
DISTRICT OF COLUMBIA
United States
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Mr Richard Cunningham

Position
Richard H. Cunningham’s practice focuses on antitrust and consumer protection law. Rich has extensive experience securing clearance for deals from the Federal Trade Commission (FTC) and Department of Justice (DOJ), navigating FTC and DOJ investigations, and representing clients in government, competitor, and class action litigation involving antitrust and/or consumer protection claims.
Rich began his legal career at the FTC, serving as a Staff Attorney and then as Senior Trial Counsel in the Bureau of Competition. At the FTC, Rich was a senior member of multiple litigation/trial teams, including in FTC v. OSF Healthcare System, FTC v. ProMedica, FTC v. LabCorp, and FTC v. Inova Health System, and the landmark FTC v. Whole Foods merger enforcement case. Rich also led high-profile FTC investigations that resulted in consent decrees/settlements, including DaVita/Gambro, Thermo Electron/Fisher Scientific, and Agilent/Varian. Rich received several awards during his tenure at the FTC, including the Director’s Award in 2008 and 2010 for exceptional contributions to the Bureau of Competition and the Stephen Nye Award in 2007 for outstanding performance by a junior attorney.
Lawyer Rankings
United States > Media, technology and telecoms > Advertising and marketing: litigation
Kirkland & Ellis LLP offers a robust advertising and marketing litigation offering, covering investigation defense, representation in false and misleading advertising claims, and defending competitive advertising matters. The practice is particularly adept at handling IP disputes and its expertise makes it a go-to firm for high-profile clients across sectors. Chicago-based Ross Weisman has expertise in all aspects of advertising and promotion law but is particularly regarded for his vast experience defending and challenging Lanham Act cases in federal court, as well as representing clients before the NAD and NARB. Also based in Chicago is Robin McCue who focuses on IP litigation, and more specifically, trademark and false advertising litigation. She has substantial courtroom experience bringing and defending matters before the NAD. Other key members of the team include Gregg LoCascio and Richard Cunningham, both of whom are based in Washington DC – LoCascio is recognized for his IP work, in which he is regularly involved in trial cases and preliminary injunctions, while Cunningham concentrates on antitrust and consumer protection law, often securing clearance for deals from the FTC and DOJ. Robyn Bladow, based in Los Angeles, is noted for defending class actions and false advertising claims. In between Dallas and Washington DC, Olivia Adendorff is an active member of the group and has amassed experience in FTC investigations, private antitrust litigation, and class actions. Allison Buchner, based in Los Angeles, brings to the team trademark and copyright expertise, and has represented clients before federal and state courts nationwide. She is noted for aiding clients ‘through complex issues with professionalism and care.’
United States > Antitrust > Merger control
The ‘excellent’ team at Kirkland & Ellis LLP is renowned for its ability in handling high-stakes, multi-jurisdictional mergers, with its strengths on full display in the recent trial win over the DOJ in UnitedHealth’s $13.8bn acquisition of Change Healthcare. The team handles an ample influx of HSR filings and possesses standout capabilities in acting for clients before the DOJ and FTC, hailing from the worlds of aerospace, energy, pharma and retail. Matthew Reilly is a key figure in the team, noted for his focus on antitrust litigation, complex transactions and government investigations where major clients depend on him to navigate the approval process for high-profile transactions. Marin Boney frequently represents clients before the FTC and DOJ in merger reviews and government investigations, while Richard Cunningham is noted for his litigation capabilities. The team has been strengthened by the arrival of Christopher Leach who joins from Mayer Brown and Rebekah Tobison Scherr who joins from Paul, Weiss, Rifkind, Wharton & Garrison LLP, and New York’s Daniel Zach, who arrived from Cravath, Swaine & Moore LLP in January 2024. All practitioners mentioned are based in Washington DC unless otherwise stated.
Lawyer Rankings
- Advertising and marketing: litigation United States > Media, technology and telecoms
- Merger control United States > Antitrust
Top Tier Firm Rankings
- Media, technology and telecoms > Advertising and marketing: litigation
- Finance > Capital markets: high-yield debt offerings
- International trade and national security > CFIUS
- Antitrust > Civil litigation/class actions: defense
- Government > Government relations
- Intellectual property > Copyright
- Dispute resolution > Corporate investigations and white-collar criminal defense
- Labor and employment > Employee benefits, executive compensation and retirement plans: transactional
- Energy > Energy litigation: oil and gas
- Energy > Energy transactions: electric power
- Energy > Energy transactions: oil and gas
- Environment > Environment: transactional
- Dispute resolution > General commercial disputes
- Tax > International tax
- Dispute resolution > M&A litigation: defense
- M&A/corporate and commercial > M&A: large deals ($1bn+)
- Intellectual property > Patents: litigation (full coverage)
- M&A/corporate and commercial > Private equity buyouts: large deals ($500m+)
- Investment fund formation and management > Private equity funds (including venture capital)
- Real estate > Real estate
- Finance > Restructuring (including bankruptcy): corporate
- Dispute resolution > Securities litigation: defense
- Media, technology and telecoms > Technology transactions
- Intellectual property > Trade secrets (litigation and non-contentious matters)
- Intellectual property > Trademarks: litigation
- Tax > US taxes: non-contentious
Firm Rankings
- Finance > Capital markets: debt offerings
- Finance > Capital markets: equity offerings
- Antitrust > Cartel
- Energy > Energy regulation: electric power
- Antitrust > Merger control
- Investment fund formation and management > Mutual/registered/exchange-traded funds
- Media, technology and telecoms > Outsourcing
- Intellectual property > Patents: licensing
- Intellectual property > Patents: litigation (International Trade Commission)
- Dispute resolution > Product liability, mass tort and class action - defense: automotive/transport
- Dispute resolution > Product liability, mass tort and class action - defense: consumer products (including tobacco)
- Dispute resolution > Product liability, mass tort and class action - defense: pharmaceuticals and medical devices
- Dispute resolution > Product liability, mass tort and class action - defense: toxic tort
- Real estate > Real estate investment trusts (REITs)
- Energy > Renewable/alternative power
- Government > State attorneys general
- Finance > Structured finance: securitization
- Tax > US taxes: contentious
- Dispute resolution > E-discovery
- Environment > Environment: litigation
- Dispute resolution > Financial services litigation
- Insurance > Insurance: non-contentious
- Media, technology and telecoms > Media and entertainment: litigation
- Media, technology and telecoms > Media and entertainment: transactional
- Finance > Project finance
- Intellectual property > Trademarks: non-contentious (including prosecution, portfolio management and licensing)
- International trade and national security > Customs, export controls and economic sanctions
- Energy > Energy regulation: oil and gas
- Healthcare > Life sciences
- Dispute resolution > Leading trial lawyers
- Dispute resolution > Leading trial lawyers
- Dispute resolution > Leading trial lawyers
- Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
- Finance > Commercial lending
- M&A/corporate and commercial > Shareholder activism