Areas of Practice

Education

The George Washington University School of Law, J.D., 1968, Editor, George Washington Law Review, Order of the Coif
George Washington University, A.M., 1966
George Washington University, A.B., with distinction and special honors, 1964, Phi Beta Kappa, Valedictorian

Bar & Court Admissions

District of Columbia
Maryland
US Supreme Court
US Court of Appeals, Federal Circuit
US Court of International Trade
US Court of Appeals for the District of Columbia Circuit

Richard O. Cunningham

Partner

1330 Connecticut Avenue, NW
Washington DC 20036
TEL: 202.429.6434
FAX: 202.429.3902

Richard O. Cunningham is senior international trade partner in the Washington office of Steptoe & Johnson LLP, where he is a member of the International Department. In addition to litigating cases under the US import relief laws, Mr. Cunningham is active in representing clients with respect to US Government trade policy issues, in negotiating private and governmental agreements to resolve market-access problems and other international trade issues, and in helping clients develop international strategies that take advantage of the trade laws and policies of the United States and foreign governments. Mr. Cunningham is supported in his international trade work by Steptoe's team of trade law attorneys—one of the largest of any US law firm—comprising 35 attorneys and other professionals. The group also draws as needed from the skills of attorneys in Steptoe's other practice areas.

United States Import Relief Laws
Mr. Cunningham handled many of the major US antidumping and countervailing duty cases of the last three decades. In antidumping cases, he is known particularly for his experience in proceedings involving complex manufactured products and multi-layered distribution systems, and for cases involving imports from non-market economies and economies in transition. Under the countervailing duty law, Mr. Cunningham has particular experience in cases involving capital subsidies, privatization, research and development subsidies, and subsidy aspects of agricultural trade. He is also known for achieving negotiated resolutions of import relief proceedings.

In addition to litigating cases, Mr. Cunningham regularly advises foreign exporters as to how they may reduce their vulnerability to US import relief cases, and counsels foreign governments on how supports may be structured so as to comply with WTO rules and US countervailing duty laws. He also represents clients in connection with proposed antidumping and countervailing duty legislation in the United States and in other countries, and in connection with the negotiation of international rules governing import relief proceedings.

Trade Policy Issues
On behalf of both US and foreign clients, Mr. Cunningham provides advice and advocacy with respect to international trade policy decisions by the United States and other governments. Such representations involve bilateral and multilateral trade negotiations, decisions in discretionary trade law cases, market-access initiatives, legislation and governmental policies in such trade-related areas as intellectual property, government procurement, standards, export controls, taxation and issues relating to trade in services. He advised the Korean Government in their FTA negotiations with the United States and the Mexican Confederation of Industries in the NAFTA negotiations. As a result of Mr. Cunningham's involvement in trade policy issues, he has been asked on numerous occasions to advise Congressional committees and governmental agencies on international trade issues.

World Trade Organization Matters
Mr. Cunningham was active on behalf of clients in both the Tokyo Round and the Uruguay Round of Multilateral Trade Negotiations. He frequently represents corporate clients, and occasionally advises governments, in World Trade Organization (WTO) dispute resolution proceedings. He has particular experience in bringing about negotiated resolutions of disputes arising under the WTO Agreements.

Development of International Trade Strategies
Drawing on his international trade law experience and his long-standing relationships with trade policy officials in the United States and foreign governments, Mr. Cunningham regularly assists corporate clients in devising international trade strategies. Such advice seeks to enable the client to integrate international marketing, pricing, and plant siting decisions with the laws and policies of relevant governments. Strategies are developed to overcome obstacles to market access, to utilize trade laws and cases for commercial advantage, to maximize the advantages of intellectual property rights or proprietary technology, and to obtain assistance or protection from domestic and foreign governments.

Noteworthy

Named "Senior Statesman" in US: International Trade: Trade Remedies & Trade Policy by Chambers Global 2008: The World's Leading Lawyers for Business
Listed in Best Lawyers of America 2008 for International Trade and Finance Law
Listed in Who's Who Legal for Trade & Customs in 2008
Ranked, Chambers USA 2007: America's Leading Business Lawyers; National International Trade: Trade Remedies & Trade Policy

Success Stories

News

Publications

Cases Under 28 U.S.C. § 1581(i)
Fall 2006, Georgetown Journal of International Law
Trade Policies and Strategies, Cameron May Ltd., International Law Publishers; London
2005

Professional Affiliations

American Bar Association, Sections of International Law, Antitrust Law, Public Contract Law and Litigation
Vice Chair, Cordell Hull Institute
Director, Canada-United States Law Institute
Director, Global Business Dialogue
American Bar Association, Past Chair, Standing Committee on Customs Law