Tom A. Cunningham
Tom Cunningham has been an active trial lawyer for over 32 years. A graduate of the University of Texas Law School, Mr. Cunningham joined Fulbright & Jaworski, L.L.P. in 1974 where he became a Senior Litigation Partner. In 1998, he founded Cunningham Darlow to focus exclusively on trials of complex business cases.
Mr. Cunningham’s extensive trial experience covers a variety of substantive areas, including energy, oil and gas, class actions, antitrust, securities, business torts, fiduciary liability, trusts, probate, contracts, product liability, and even eminent domain. Examples of his assignments include:
- Lead trial counsel for a leading energy conglomerate in litigation over the acquisition and distribution of liquefied natural gas in Algeria and the United States;
- Lead trial counsel for one of the world’s largest hospitality enterprises defending seven nation-wide class actions involving investments in branded hotel chains;
- Lead plaintiffs’ trial counsel for several of the nation’s largest energy and mining companies in the Commercial Explosive Products Antitrust Litigation;
- Lead trial counsel for one of the nation’s largest home products manufacturers in mass-tort litigation over allegedly defective plastic plumbing products;
- Lead trial counsel for a major interstate gas pipeline company in a variety of cases involving gas purchase contracts, transportation agreements, coal gasification issues and gas gathering partnerships;
- Lead trial counsel in numerous cases dealing with the financing, development, and operation of commercial real estate projects;
- Lead trial counsel in numerous cases involving fiduciary duties applicable to testamentary trusts;
- Lead arbitration counsel for an owner of an offshore mineral interest in a dispute regarding the acquisition and sale of the interest;
Mr. Cunningham is a Fellow of the American College of Trial Lawyers and a member of the American Board of Trial Advocates.
Mr. Cunningham’s practice also includes service both as an advocate and a neutral in arbitration, mediation, and other forms of dispute resolution. He is listed on the Panel of Distinguished Neutrals of the CPR International Institute for Conflict Prevention and Resolution, and he is certified in mediation and dispute resolution by CEDR, London.
Mr. Cunningham has served prominently over the years in professional organizations and societies, and he has been a leader in promoting professional responsibility among lawyers. His activities have included service as Chair of the Board of Directors of the State Bar of Texas, Chair of the Board of Trustees of the Texas Bar Foundation, and Chair of the Fellows of the Texas Bar Foundation. He has authored portions of the Texas Disciplinary Rules of Professional Responsibility, and served on the task force that created the Texas Rules of Disciplinary Procedure. He also chaired the Texas Commission for Lawyer Discipline, the Texas agency that oversees and administers the system of lawyer professional responsibility in Texas.
Mr. Cunningham is a leader in advanced technology. His data management systems significantly expand productivity and reduce costs in complex litigation, and he is a pioneer in the use of paperless technology in arbitrations and the courtroom. His work includes advanced data acquisition and reporting techniques, and innovative tools for developing, managing disseminating written and visual work product to address complex and document-intensive litigation capably and efficiently.