Eric N. Whitney has represented 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 and other jurisdictions.
Eric's practice has emphasized 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
· Medical device litigation
· Complex commercial transactions and litigation
· Intellectual property licensing and enforcement
· Antitrust litigation
· Corporate governance and compliance
· General business counseling
· Technology litigation
Significant Representations
· Representation of a major soft drink company in multiple litigation and arbitration matters involving employment discrimination and termination and severance disputes with senior executives. Has 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.
Professional & Community Involvement
· Member, American Bar Association
· Member, State Bar of Texas
· Member, Dallas Bar Association
· Board of Directors, SMU Athletic Forum, 1998 - 2008
· Board of Trustees, Dallas Theater Center, 2007 - 2008
Awards & Recognition
· Ranked AV® Preeminent™ 5.0 out of 5
(Also at Dallas, Texas Office)