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Tyler M. Cunningham

Senior Counsel

San Francisco

1100 Sansome Street

San Francisco, CA 94111

Office: +1 415.956.1900

Direct: +1 415.291.4531

[email protected]

Tyler M. Cunningham is Senior Counsel at Bartko Pavia LLP, and is a member of the business litigation, antitrust, and class action practice groups.

Biography

Tyler M. Cunningham is Senior Counsel at Bartko Pavia LLP, and is a member of the business litigation, antitrust, and class action practice groups. His practice focuses on antitrust and competition cases arising under the federal Sherman and Clayton Acts, as well as state antitrust, consumer protection, and unfair competition statutes. With over 15 years of experience, Tyler has successfully resolved a variety of competition matters, ranging from government investigations and enforcement actions to class actions and other private civil cases. His work spans both state and federal matters, involving trial and appellate courts, as well as international arbitration tribunals.

Tyler has represented key defendants in significant government cartel investigations, state Attorney General actions, and multi-district class actions related to industries such as DRAM, SRAM, flash memory chips, LCD panels, cathode ray tubes, lithium-ion batteries, and many others.

Before joining Bartko Pavia, Tyler spent a decade at Sheppard Mullin Richter & Hampton in the firm’s antitrust and trade regulation practice group. Prior to and during law school, he worked as a reporter for several daily newspapers in the Bay Area, including the Oakland Tribune and the Daily Journal.

Education

  • Golden Gate University School of Law, J.D.
  • College of the Holy Cross, B.A.

Admissions

  • State Bar of California

Cases

  • Alaska Air Group, Inc. et al. v. Anthem, Inc. et al., 2:21-cv-01209 (N.D. Ala.) and JetBlue Airways Corp. et al. v. Anthem at al., 2:22-00558 (N.D. Ala.)
    Represents several businesses that opted out of a class settlement with the Blue Cross Blue Shield Association and its member insurance companies.  Plaintiffs allege defendants engaged in an illegal market and customer allocation in violation of the Sherman Act.
  • Sidibe v. Sutter Health, Case No. 3:12-CV-04854-LB (N.D. Cal.)
    Represented a large healthcare provider in parallel federal and state class actions that alleged tying and market leveraging. Worked on all aspects of party, third-party, and expert discovery, motion practice, and trial preparation in a case that ultimately resulted in a complete defense verdict.
  • In re Cathode Ray Tube (CRT) Antitrust Litig., MDL No. 1917 (N.D. Cal.)
    Defended industry-leading multinational electronics companies in price-fixing class actions, individual plaintiff actions, and state attorney general actions regarding cathode ray tube products.
  • In re Flash Memory Antitrust Litig., MDL No. 1852 (N.D. Cal.)
    Defended global electronics companies in consolidated class actions and individual actions alleging price-fixing of flash memory products.
  • In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827 (N.D. Cal.)
    As counsel to international electronics companies, defended private and governmental price-fixing actions concerning thin film transistor liquid crystal display products.
  • In re Static Random Access Memory (SRAM) Antitrust Litig., MDL No. 1819 (N.D. Cal.)
    Defended global technology manufacturer in civil price-fixing class actions regarding static random access memory chip products.
  • In re Dynamic Random Access Memory (DRAM) Antitrust Litig., MDL No. 1486 (N.D. Cal.)
    Defended civil price-fixing and government enforcement actions regarding dynamic random access memory chip products.
  • In re Credit/Debit Card Tying Cases, Cal. Jud. Council Coord. Proc. No. 4335 (San Francisco Superior Court)
    Represented international payment-processing company in coordinated class actions and related settlement appeals concerning alleged payment card tying and network exclusionary practices.
  • Rambus Inc. v. Micron Technology, Inc., et al. (San Francisco Superior Court)
    Antitrust counsel for global electronics company defending IP-related antitrust claims in multibillion dollar litigation with Rambus, coordinating with patent counsel in related proceedings.
  • Reilly v. MediaNews Group, Inc. et al., Case No. 06-cv-04332-SI (N.D. Cal.)As counsel for leading media company, blocked private antitrust challenge to acquisition of Contra Costa Times and San Jose Mercury News.

Publications

https://www.natlawreview.com/article/california-supreme-court-resolves-split-over-accrual-rules-unfair-competition-claims

https://www.natlawreview.com/article/grocers-revenue-sharing-deal-deserves-more-quick-look-ninth-circuit-holds

https://www.natlawreview.com/article/uspto-has-shadow-program-subjecting-patent-applications-to-heightened-scrutiny-and-i

https://www.concurrences.com/en/bulletin/news-issues/may-2012/The-US-Supreme-Court-of-Kansas

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