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

Kirkland & Ellis LLP
1301 Pennsylvania Avenue, N.W.
Washington, D.C., 20004
DISTRICT OF COLUMBIA
United States
Richard Cunningham photo

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.