"Erik is tremendous, he is a very strong attorney and has handled very important litigation. He is smart, strategic and dedicated to client service." – Benesch client, Chambers USA
Erik represents clients in high stakes, complex commercial litigation. Cases featured in The New York Times, The Wall Street Journal, Bloomberg, CNN, MSNBC, The Daily and dozens of other publications. Cases where the difference between winning and losing means billions of dollars and business lines operating or being shut down. In these cases, where experience matters, Erik and his teams have a recognized track record of success.
Of all his work, Erik is best known as a “notoriously tough” defamation lawyer, who companies turn to when their reputation and products have been unfairly attacked. He represented a beef producer in the $6 billion “pink slime” litigation against ABC. The case has been called the largest defamation case in U.S. history, and it was resolved favorably for Erik’s client after four weeks of trial. He is currently representing a voting machine company in multiple lawsuits stemming from defamatory statements made about the company after the 2020 U.S. Presidential election, including a $2.7 billion lawsuit against Fox. He is also currently representing one of the country’s largest oral care companies in a multi-billion-dollar defamation claim against NBC. From litigation to counseling, “there is a reason” companies caught in the media’s crossfire retain Erik.
Beyond defamation, Erik’s experience includes a variety of “bet the company” cases ranging from securities fraud to trade secret misappropriation to breach of contract. In these cases, Erik and his teams have prevailed in marathon length trials, secured precedent setting summary judgment rulings, defeated class certification in multi-billion-dollar cases, and obtained dismissal of complaints alleging nine and ten figure damages. For example, Erik and his teams:
- Won directed verdict for a “Big Four” auditing firm in a $7 billion breach of contract case after 100 days of testimony.
- Won summary judgment for an industry leading technology company in a $2 billion securities fraud case after two years of fact and expert discovery.
- Won summary judgment for an industry leading energy company in a $500 million trade secret misappropriation case after three years of fact and expert discovery.
- Won opposition to class certification for a Fortune 50 financial institution in a multi-billion-dollar market manipulation case after extensive fact and expert discovery.
- Won dismissal with prejudice for a Fortune 100 technology company in a $20 billion securities fraud case notwithstanding multiple amended complaints.
While Erik and his teams are always preparing to take cases to trial, and have done so in courtrooms across the country, they also understand the value of an early resolution when the stakes are high. Time and time again, Erik and his teams have found ways to win cases before going to trial, saving their client money and taking away the litigation risk.
Erik’s industry experience is as varied as his subject matter experience. He has represented Fortune 50 banking and financial institutions in securities fraud and other market manipulation cases. He has represented Fortune 100 and 500 technology companies in consumer protection, fraud, breach of contract and trade secret cases. He has represented large publicly traded consumer product companies as well as privately held companies that are industry leaders in fields ranging from agriculture to precious metals to wealth management to accounting and auditing. Erik’s breadth of experience allows him to quickly understand business objectives, engage with business leaders on their terms, and give real “answers” instead of “overly conservative legal advice.” He and his teams “know what to do and how to navigate most anything.” They create the “perfect” outside counsel relationship.
In his matters, Erik balances a relentless pursuit of his client’s objective with an unwavering commitment to service and intentional focus on diversity and inclusion. Service is a bedrock to everything that Erik and his teams do. They never forget that companies and individuals can choose from hundreds of law firms and thousands of lawyers. When a client chooses them, Erik and his teams dedicate themselves to providing an outstanding and memorable experience. That means delivering on the client’s objective and doing so with the bottom line in mind. Erik’s attention to client service is “unmatched.”
Diversity and inclusion are likewise bedrock principles for Erik and his teams. Erik is fortunate enough to work with an incredible team of attorneys, paralegals, and professionals. They come from different backgrounds, have different experiences, and bring different perspectives to the challenging issues being handled. Individually, they are the best at what they do. Collectively, they are even better. For every client and matter, Erik assembles a team who provides the right mix of background and experience to deliver on the client’s objective. They are “second to none.”
Litigation is not easy. Erik’s goal is to make it easier for his clients and serve as their “secret weapon.” He and his teams have the experience, perspective, and dedication to simplify the most complex and challenging cases. It is an honor and privilege to represent companies and individuals in litigation, big and small. Erik and his teams do not take it for granted.
Representative Experience
- Represented a Fortune 100 technology company against a breach of contract claim seeking nine-figure damages. Negotiated a business resolution of the dispute on the eve of trial after successfully barring the opposing party’s expert and limiting testimony of key fact witness.
- Represented a beef producer in a defamation case against ABC News seeking over $6 billion in damages. Secured a confidential settlement after four weeks of trial testimony that was characterized by the press and industry leaders as vindicating the producer.
- Represented a manufacturer of cable set-tops in securities fraud litigation seeking over $2 billion in damages. Secured summary judgment in favor of the manufacturer with a precedent-setting decision that was affirmed by the 11th Circuit.
- Represented a “Big Four” accounting firm in auditor liability litigation seeking over $3 billion in damages. Secured a directed verdict in favor of the accounting firm following 103 days of trial testimony and argument.
- Represented a Fortune 100 technology company in securities fraud litigation seeking over $20 billion in damages. Prevailed on a motion to dismiss the complaint with prejudice.
- Represented a Fortune 50 financial institution in class action alleging manipulation of the multibillion-dollar Treasury market. Successfully narrowed the claims with motions to dismiss and summary judgment and then defeated class certification following two years of fact and expert discovery.
- Represented a technology company in tort claims seeking nine-figure damages from a supplier due to product defects. Secured a confidential settlement after defeating three successive motions to dismiss.
- Represented a Fortune 50 financial institution in a multimillion-dollar contract and tort dispute. Secured summary judgment after two years of discovery in a precedent-setting decision that was affirmed by the 7th Circuit.