Erik specializes in defending foreign and domestic companies in construction defect and products liability lawsuits and consumer class actions. His practice includes the representation of automobile and building material manufacturers and pharmaceutical companies. Erik has also successfully litigated a wide variety of complex commercial and business disputes involving letters-of-credit, low-incoming housing tax credit projects, restoration and redevelopment of previously contaminated sites, earn-out and incentive payments, and misappropriation of trade secrets.

    Construction Defect

    Erik has extensive experience with construction defect cases in both California and Nevada. He has helped companies navigate the statutory pre-litigation process, including coordination of inspections and analysis of whether to elect the “right to repair,” as well as defend those claims that proceed to litigation. He has also helped product manufacturers coordinate comprehensive defenses to widespread litigation, ensuring that the handling of a single claim or the defense of a single lawsuit does not compromise the big picture strategy.

    Products Liability

    Erik specializes in the representation of foreign and domestic companies in defending products liability lawsuits and consumer class actions.

    He has significant experience in pharmaceutical litigation. During his first three years of practice he was part of a products liability group that served as national, regional, and local counsel for several pharmaceutical companies. The group managed complex litigation, including MDLs and coordinated proceedings, and defended such prescription drugs as Fen-Phen, Vioxx, and Enbrel.

    He also defended cases in which medical devices, including dental implant screws and a Vagus Nerve Stimulation Therapy System, were alleged to have caused personal injury and/or death. He prepared an individual case for trial in which a medical device was alleged to have caused a death.

    Erik was also involved in researching and briefing several motions arguing that FDA oversight, regulation, and approval of a prescription drug or medical device preempted an individual’s claims that the drug or device was defective.

    Commercial Litigation

    Erik’s practice also includes defense and prosecution of a wide variety of complex commercial and business litigation matters, with an emphasis on contract claims and business torts, including unfair business practice actions, interference with existing contracts and prospective economic advantage, fraud, and negligent misrepresentation.

    Erik has represented clients in several different industries. He has extensive experience with both true leases and secured lending transactions. He worked as litigation counsel for the global workout and restructuring division of a Fortune 10 company, including managing all aspects of debt and equity restructuring transactions and creditors’ rights litigation throughout the United States. He has also represented pharmaceutical and medical device manufacturers, a pleasure cruise operating company, and a variety of small business owners in various disputes.

    In addition, he prepared several client presentations on topics such as true lease challenges, available remedies and damages for true lessors and secured lenders, and cross-border insolvencies. He also has litigation experience with complex letter-of-credit disputes, low-income housing tax credit projects, restoration and redevelopment of previously environmentally contaminated sites, and earnout and incentive payment disputes.

    Erik has participated in settlement conferences and is experienced in alternative dispute resolution. Erik is experienced in post-judgment enforcement actions.

    Intellectual Property & Technology

    Erik has managed international and domestic trademark prosecution and litigation, as well as worldwide trademark clearance and registration for major computer manufacturer.

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    Education

    • University of San Francisco, J.D., magna cum laude
    • Stanford University, B.A.

    Admissions

    • California

    • Co-author, "Hanging By a Thread: Non-Solicitation Clauses and the Trade Secret Exception," The Daily Journal, September 22, 2010.
    • Co-author, "Can You Keep a Secret?" The Daily Journal, August 20, 2010.

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