Richard H. Cunningham

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Richard H. Cunningham is Of Counsel in Gibson, Dunn & Crutcher’s Denver, Colorado office. Mr. Cunningham’s practice focuses on a wide range of antitrust and consumer protection matters, including government investigations, client counseling, and litigation. Prior to joining Gibson Dunn, Mr. Cunningham served as Senior Trial Counsel in the Federal Trade Commission’s Bureau of Competition. At the FTC, Mr. Cunningham 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 was a member of the trial team in the landmark FTC v. Whole Foods merger enforcement case. Mr. Cunningham also led high-profile FTC investigations that resulted in consent decrees/settlements, including DaVita/Gambro, Thermo Electron/Fisher Scientific, and Agilent/Varian. Mr. Cunningham 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 for outstanding performance by a junior attorney in 2007. Mr. Cunningham regularly assists clients navigating FTC and Department of Justice investigations involving complex antitrust and consumer protection issues, including matters implicating the FTC Act, COPPA, the Sherman Act, the Clayton Act, the Robinson-Patman Act, and the Hart-Scott-Rodino (HSR) merger review process. Mr. Cunningham is also an experienced litigator and trial attorney. In additional to appearing in court on behalf of his clients and the FTC, Mr. Cunningham served on an 8-month detail assignment as a Special Assistant U.S. Attorney in the U.S. Attorney’s Office for the District of Columbia during 2008 and 2009 where he tried more than a dozen criminal cases as first-chair trial counsel. Mr. Cunningham earned a J.D., magna cum laude, from Georgetown University Law Center, where he served as Executive Notes Editor of the Law and Policy in International Business Journal, and a B.S., highest honors, in Business Administration from the University of North Carolina at Chapel Hill. Mr. Cunningham frequently speaks on antitrust and consumer protection topics and has co-taught an antitrust and competition law course as an Adjunct Professor at the Denver University Sturm College of Law. Mr. Cunningham was named to the 2017 Colorado "Rising Stars" list for antitrust litigation by Super Lawyers.

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