Eric has extensive experience with all aspects of trials, appeals and arbitrations, including the final resolution of more than 30 disputes without a negotiated settlement. He has represented clients in federal and state courts throughout New York and California and in numerous other courts throughout the United States, as well as before multiple federal and state regulatory authorities.
The subject matter of those engagements has included securities fraud and stockholder derivative actions involving issuers, directors and officers; business disputes involving complex commercial claims; employment disputes, often involving key executives and claims for injunctive relief at the dispute’s initiation; and civil rights disputes. Eric also has assisted businesses in multiple contexts with the design, implementation and, as necessary, judicial enforcement of alternative dispute resolution programs for employees, customers and others.
Eric serves as Co-Chair of the Litigation Finance and Alternative Funding Group, representing clients with specific non-traditional litigation finance arrangements. Its members have represented plaintiffs and defendants in business disputes where alternative funding has been a component.
Among his clients are international and domestic businesses and individuals in investment banking, insurance and financial services, broadcasting and live entertainment, biotechnology, professional sports and the arts.
- The Roman Catholic Diocese of Rockville Centre, New York v. Village of Old Westbury, New York, et al. – Representation of the Diocese in a constitutional and statutory civil rights action relating to approximately 100 acres of undeveloped property and its proposed religious use. U.S. District Court, Eastern District of New York (2009-present).
- First Franchise Capital Corp., et al. v. John Rinaldi, et al. – Defense of start-up specialized lender and investors in that new business against claims involving plaintiffs’ former senior executives and the new business. Superior Court of New Jersey (2011-2012).
- Teachers’ Retirement System of Louisiana v. Maurice R. Greenberg, et al. – Representation of the Chief Financial Officer of American International Group, Inc. in response to claims involving allegedly improper interested party transactions and relationships between and among AIG, C.V. Starr & Company and another business. Delaware Court of Chancery (2005-2009). See, e.g., Greenberg Settles AIG Shareholder Case, The Wall Street Journal, September 12, 2008.
- People of the State of New York v. American International Group, Inc., et al. – Representation of the former Chief Financial Officer of American International Group, Inc. in an action involving state securities law claims under the Martin Act. New York Supreme Court and Appellate Division, First Department (2005-2010). See, e.g., People of the State of New York v. Greenberg, 851 N.Y.S.2d 196 (1st Dep’t 2008).
- In Re American International Group, Inc., Securities Litigation – Representation of the former Chief Financial Officer of issuer in securities class action. Specific emphasis included: accounting for derivatives and hedges (FAS 133); accounting for domestic and foreign investments in debt and equity securities (FAS 115); accounting for deferred acquisition costs (FAS 60); and certain finite reinsurance matters. U.S. District Court, Southern District of New York (2005-2010).
- [Certain Professional Athlete Agents] v. SFX Sports Group, Inc., et al. – Issuer representation in response to securities fraud and employment contract claims related to the acquisition of a professional athlete representation firm. The dispute included a federal action, weeks of hearings before a three-arbitrator panel and related proceedings. Confidential resolution. (2001-2003).
- Rowe Entertainment, Inc. et al. v. The William Morris Agency, Inc. et al. – Representation of world’s largest concert promoter in response to civil rights, civil rights conspiracy and antitrust claims by promoters who claimed they were excluded improperly from the business. U.S. District Court, Southern District of New York (1999-2002).
- Priore v. The New York Yankees, et al. – Defense of a future Hall of Fame baseball player in response to civil rights and tort claims. All New York State Courts (1999-2003). See, e.g., 761 N.Y.S.2d 608 (1st Dep’t 2003).
- Matter of Ball (SFX Broadcasting, Inc.) – Employer representation in judicial challenges to mandatory anticipatory arbitration agreement for all at-will employees; defense against sex discrimination (pregnancy) and related claims in merits arbitration; and in regulatory proceedings. All New York State Courts; U.S. District Court, Northern District of New York and U.S. Court of Appeals, Second Circuit (1997-2002). See, e.g., 665 N.Y.S.2d 444 (3d Dep’t 1997).
- SFX Broadcasting, Inc. – Appointed principal outside employment counsel by a top-five radio broadcaster with nationwide operations. Continued representation of successor businesses in broadcasting and concert promotion.