SharePrinter-friendly versionSend by emailA TitleA TitleA Title A A A Martin F. Cunniff TabsetOverviewBar & Court Admission Bar & Court Admissions District of Columbia Bar Maryland Bar Supreme Court of the United StatesUS District Court, District of ColoradoUS Court of Appeals, District of Columbia CircuitUS Court of Appeals, 4th CircuitUS Court of Appeals, 10th CircuitUS Court of Appeals, 3rd CircuitUS District Court, District of Columbia Education University of Florida School of Law, JD, (with high honors; Member, University of Florida Law Review), 1989 Loyola University, New Orleans, Louisiana, (BBA), 1983 Martin F. CunniffPartnerWashington, DC T 202.857.6077 E martin.cunniff@arentfox.com Download vCard ConnectLinkedInMartin Cunniff is a partner in the antitrust and litigation groups. His practice focuses on high-exposure business litigation for leading corporations. He has represented a number of corporations located outside the United States and is familiar with the jurisdictional and logistical issues faced by such clients. His practice encompasses litigation of all types of complex commercial disputes including antitrust, securities fraud, breach of contract, business torts, fraud, intellectual property, trade secrets, and other commercial issues. He has been involved in numerous class actions. Martin has led several award-winning teams involved in training and development programs to make litigation management more efficient and less expensive. He is also a co-editor of the leading treatise on the calculation and proof of damages in business litigation. Client Work Antitrust Represented large telecommunications company in dispute relating to divestiture of largest Internet backbone by order of European antitrust regulator. Case involved proceedings in domestic arbitration and federal district court and before the European Commission, Department of Justice, Federal Communications Commission, and US Congress. Represented satellite operator in extensive antitrust litigation involving allegations of group boycott and refusals to deal involving telecommunications companies in over 160 countries. Represented large gold mining company in antitrust suit challenging gold hedging and alleged attempts to manipulate gold prices. Securities Fraud Represented a large gold mining company and its senior executives in a securities fraud class action involving gold hedging and operations at various mines around the world. Case involved a $5 billion mark-to-market loss on the hedge book and allegations regarding earnings forecasts. Represented a pharmaceutical company and its senior executives in a securities fraud class action case involving revenue recognition issues and a stock drop exceeding $1 billion. Represented a large Canadian company and obtained dismissal from a securities fraud case for lack of personal jurisdiction establishing that use of stock transfer agents does not create personal jurisdiction. Represented large gold mining company in a multi-defendant securities class action case arising from the Bre-X gold scandal which was the largest gold mining fraud in history. Represented global telecommunications firm in case involving allegations of failure to disclose a credit ratings cliff with estimated exposure of $8 billion. Represented Internet backbone provider in a class action securities case with Williams Act issues arising from payments to executives in merger. Represented large senior gold mining operator in preliminary injunction hearing in Williams Act case relating to its hostile tender offer for a junior gold producer. Business Litigation Represented large gold mining company in cross-border multijurisdictional case involving environmental claims from mining operations occurring in the Philippines. Represented large consumer goods company in licensing dispute with celebrity fashion icon involving shampoo and hair care products. Represented large chemical company in arbitrations involving pricing for commodity chemicals in long- term supply contract. Represented large telecommunications company as national coordinating litigation counsel in program involving over 300 separate pieces of litigation and implemented system to manage litigation. Represented large telecommunications company in one of first early resolution arbitrations in DC District Court involving pay phone operators against various telecom providers. Previous Work Martin was a partner in a large international law firm before joining Arent Fox where, for 22 years, he was a member of the largest antitrust practice group in the world. He was also the chair of a top-rated commercial litigation group with over 100 litigators. Professional Activities Martin is an active member of the American Bar Association's Litigation and Antitrust Law Sections. Publications, Presentations and Recognitions His recent publications and speaking engagements include: Martin F. Cunniff et al., “Calculating and Proving Damages,” Law Journal Press 2011. Co-authored a chapter on health care antitrust litigation for upcoming Practising Law Institute publication. Chapter author for Securities Developments 2012 (Thomson Reuters – expected spring 2012). Featured speaker, American Institute of Certified Public Accountants, Fair Value Measurement and Reporting Conference, June 2010. Martin F. Cunniff et al., "Fraud on the Market? Behavioral Finance Undercuts Efficient Market Hypothesis and Class Actions" Legal Times 27, No. 45 (November 15, 2004). Speaker, “Budgeting for Litigation,” (Washington Metropolitan Area Corporate Counsel Association Chapter). Speaker, “Pricing Strategies,” Kohn Communications Audio Conference, April 26, 2011. Speaker, “eDiscovery Practice,” Barrick Gold Global Law Conference, November 2010. Speaker, American Lawyer Law Firm Management Forum, October 27, 2009. Newsroom Date Type Title 8 / 28 / 2012 Alert Arent Fox Secures Favorable Procedural Precedent Regarding the Use of Prior Testimony Before Copyright Royalty Board 5 / 15 / 2012 Media Mention Arent Fox's Martin Cunniff Published in Thomson Reuters' "Inside the Minds" Series 3 / 15 / 2011 Press Release Arent Fox Adds Leading Litigator Martin F. Cunniff as Partner in Washington, DC Office Deals & Cases Represented Radiology Practice in Group Boycott Antitrust Suit Arent Fox defended and successfully resolved group boycott antitrust claims against a radiology group practice brought by a competitor’s practice. The suit, Eastside Medical Radiology, PLLC v. People: Richard N. Gale, Jennifer L. Bougher, Brian D. Schneider, Martin F. Cunniff, Jennifer Allen, Rachel M. Witriol Practices: Antitrust & Competition Law Represented satellite operator in extensive antitrust litigation Represented satellite operator in extensive antitrust litigation involving allegations of group boycott and refusals to deal involving telecommunications companies in over 160 countries. People: Martin F. Cunniff Represented Large Telecommunications Company in Antitrust Dispute Represented large telecommunications company in dispute relating to divestiture of largest Internet backbone by order of European antitrust regulator. Case involved proceedings in domestic arbitration and federal district court and before the European Commission, Department of Justice, Federal Communications Commission, and US Congress. People: Martin F. Cunniff Practices: Antitrust & Competition Law, Commercial Litigation, Communications, Technology & Mobile
