Eric N. Whitney represents companies and individuals in complex, high-stakes commercial litigation, appellate and Alternative Dispute Resolution (ADR) matters involving intellectual property, securities and governance matters, Securities and Exchange Commission (SEC), and other regulatory investigations. He has experience with corporate finance transactions, consumer finance and banking, employment discrimination and harassment, National Association of Securities Dealers (NASD) proceedings, real estate, antitrust, bankruptcy, fraud, class action and general business and contract disputes. He has tried jury, non-jury and arbitration cases to decision and argued hearings in state and federal courts throughout Texas, as well as in New York, Ohio, Illinois, Virginia, Tennessee, California, Louisiana, Oklahoma, West Virginia and other jurisdictions.
Eric's practice emphasizes the representation of financial institutions in a range of significant litigation, class action and regulatory matters. He has represented businesses in labor and employment disputes, including non-compete and theft of trade secrets cases against employees and competitors, and has also represented businesses, real estate investment funds, and partnerships in sizeable contract and commercial disputes.
Eric served as general counsel and secretary to a Dallas-based transportation and logistics software development company where he initiated and oversaw all of the company's legal activities, including corporate governance, securities, regulatory compliance, litigation, commercial transactions, intellectual property and board matters, as well as managing human resources, finance and operations functions.
Areas of Concentration
· Financial services litigation and arbitration
· Securities enforcement and litigation
· Intellectual property litigation
· Class action litigation
· Complex commercial transactions and litigation
· Intellectual property licensing and enforcement
· Antitrust litigation
· Corporate governance and compliance
· General business counseling
· Technology litigation
Professional & Community Involvement
· Diamond Life Sponsor, NYC Gala, 2012-Present
· Sponsor, New York Restoration Project, 2010-2011; Present
· Sponsor, amFAR NY, 2009-Present
· Member, American Bar Association
· Member, State Bar of Texas
· Member, Dallas Bar Association
· Vice Chairman, Ducks Unlimited
· Boy Scouts of America, Volunteer/Assistant Pack Leader, 2010-2012
· Board of Trustees, Dallas Theater Center, 2006-2008
· Board of Directors, SMU Athletic Forum, 1998-2008
· Board Member, SMU Athletic Forum/Doak Walker Award, 1998-2006
· Junior Associates, Dallas Museum of Modern Art, 1995-2000
Awards & Recognition
· Rated, AV Preeminent® 5.0 out of 5
· Representing JP Morgan Securities, LLC, and affiliates in RMBS, CDO and mortgage litigation matters filed by monoline bond insurers, investors, and trustees pending in state and federal courts in New York and Texas.
· Representing U.S. Education Finance Corp., a leading issuer of private guaranteed student loan-backed securities, in ABS-related litigation and disputes with investors and trustees.
· Representing a Florida-based regional bank in adversary proceedings relating to Synthetic CDOs and CDS with Lehman Brothers bankruptcy estate.
· Defending HSBC Bank, N.A., in multiple litigation matters relating to mortgages and consumer loans.
· Defending One West Bank in government forfeiture litigation matter involving commercial and residential properties.
· Representing a startup social networking company in litigation involving theft of trade secrets, and computer fraud and abuse claims.
· Defending CashCall, Inc., a California-based consumer and mortgage lender, in civil enforcement litigation filed by the West Virginia Attorney General, as well as other state Attorney General investigations.
· Representing a boutique investment bank in litigation relating to a failed private loan placement and misappropriation of funds by a fraud ring.
· Defended NYSE Euronext in shareholder litigation relating to proposed merger with Deutsche Borse.
· Advised a national mortgage bank and RMBS issuer on pre-litigation strategy for major RMBS litigation.
· Defended national mortgage servicers EMC Mortgage Corporation, Homecomings Financial, and Saxon Mortgage Services in predatory lending, wrongful foreclosure, disclosure, and servicing-related litigation matters.
· Defended TravelFocus, LLC, a Dallas-based travel aggregator, in litigation filed by American Airlines.
· Defended OTC Markets Group, Inc., (f/k/a Pink Sheets) in patent infringement action filed in the Eastern District of Texas.
· Represented a publicly traded advertising firm and a gaming equipment manufacturer in administrative proceedings and litigation with the Texas Attorney General.
· Defended The Wynn Las Vegas Corp., in litigation filed by a customer to recover $14 million in gambling losses incurred while on Parkinson's medication.
· Represented Texas-based real estate developer in litigation against limited partner relating to Honolulu mixed-use development property.
· Represented PepsiCo, Inc., in litigation against a national pizza franchise relating to early termination of beverage supply contract.
· Represented Motor Coach Industries, Inc., in coverage litigation with insurer relating to fatal coach accident.
· Represented Intel, Inc., in trade secret litigation with Motorola, Inc., relating to semiconductor technology.
· Represented SunTrust, Inc., as Trustee, in litigation relating to administration of private nursing home facilities and Issuer default.
· Represented Frito-Lay, Inc., in disputes with baking equipment manufacturers and in connection with government seizure of funds misappropriated from a national grocery chain.
· Defended The Associates, Inc., in class action litigation related to alleged predatory and unfair lending practices on cash-out consolidation loans.
· Represented DSC Communications and Alcatel USA, Inc., in trade secret and copyright actions against manufacturers of unauthorized replacement parts and knock-offs of digital and optical switching technology.
· Represented Texas Instruments, Inc., in trade secret litigation relating to MP3 chipset technology.
· Represented Texas-based real estate developer in litigation arising from misappropriation of funds by managing partner of California residential development project.
· Defended Wasserstein Perella in SEC civil injunction and enforcement proceedings relating to failed emerging markets investment fund and in litigation with former executive.
· Defended Bank One, N.A., in multiple class action litigation matters in Tennessee, California and Arizona relating to private label credit card products and bank service fees.
· Represented Bank One, N.A., in litigation matters against commercial loan borrowers and guarantors.
· Represented institutional bondholders in litigation with developer of Austin Bergstrom Airport Hilton hotel.
· Represented Bank One, N.A., in multi-year litigation with FDIC over acquisition of Momentum Bank building in Dallas.
· Defended Trust Company of the West, as a senior bondholder, in litigation by unsecured creditors challenging the confirmed bankruptcy plan of National Gypsum, Inc.
· Defended Dr. Pepper/Seven-Up, Inc., in securities class action, employment litigation matter, and arbitration of severance claim by former executive.
· Represented Exxon, Inc., in major litigation with Lubrizol, Inc., involving dispute over patented oil additives.
· Defended government contractor in false claims litigation.
· Represented Family Trust investor in Gulf Coast casino development in litigation against developers.
· Defended Owens-Illinois, Inc., in asbestos-related personal injury lawsuits.
· Representation of a major soft drink company in multiple litigation and arbitration matters involving employment discrimination and termination and severance disputes with senior executives. Obtained summary dismissal of discrimination and ERISA claims, and take-nothing defense findings in multiple arbitrations.
· Representation of several Wall Street investment banks and broker/dealers in SEC civil injunctive actions, prime brokerage disputes, NASD arbitration proceedings involving both customers and employees, and state court trials.
· Representation of Intel, Alcatel USA, Texas Instruments, and numerous other technology and financial services companies in trade secret, non-compete and employee raiding litigation matters, including obtaining and defending against injunctions in state and federal court, and trying to verdict, multiple theft of trade secrets and non-compete cases.
· Representation of Bank One and The Associates in state and national putative and certified class action lawsuits in Texas, California, Tennessee, and Arizona involving claims of predatory lending, violations of consumer protection laws, fraud, and unfair business practices.
· Representation of several leading residential mortgage servicers and issuers of mortgage-backed securities in repurchase litigation, investor disputes, internal investigations, and defense of individual and class action borrower claims.
(Also at New York, New York Office)