Tyler Cunningham’s 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. He has more than a decade of experience successfully resolving a variety of competition matters, from government investigations and enforcement actions to class actions and other private civil actions. His practice encompasses matters state and federal, before both trial and appellate courts, as well as international arbitration tribunals. Tyler has successfully represented key defendants in major government cartel investigations, state Attorney General actions, and multi-district class actions involving DRAM, SRAM, and flash memory chips, LCD panels, cathode ray tubes, lithium-ion batteries, and many other industries.

Before joining Bartko, Tyler worked for a decade at Sheppard Mullin Richter & Hampton, in the firm’s antitrust and trade regulation practice group. Before and during law school, Tyler worked as a reporter at several daily newspapers throughout the Bay Area, including the Oakland Tribune and San Francisco Daily Journal. He is an avid music fan and listens to everything from Art Blakey to Yo La Tengo. He loves the outdoors and has trekked extensively through the Swiss Alps, Nepal Himalayas and California’s Sierra Nevada.

Education

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

Professional Affiliations

  • State Bar of California, Antitrust and Unfair Competition Section, Member

Bar Admissions

  • State Bar of California

Honors & Awards

  • J. Lani Bader Award for Academic Excellence

Representative Cases

  • 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 & Speaking Engagements