EXPERIENCE

Eric’s recent experience includes representation of:

• Cantor Fitzgerald and Howard Lutnick in derivative litigation in Delaware Chancery Court brought by shareholders of BGC Partners, Inc. related to BGC’s acquisition of Berkeley Point from Cantor for US$875 million. The complaint alleged the defendants used their control over BGC to cause it to overpay for Berkley Point by hundreds of millions of dollars. Result: Complete defense verdict after trial under the “entire fairness” standard.
• Equitrans Midstream Corp. in a AAA arbitration brought by EQT seeking to take ownership of a US$500 million pipeline based upon Equitrans’ alleged failure to meet certain development milestones. Result: prevailed before a AAA panel composed of a former Circuit Court judge, a former federal judge, and a former Delaware Chancery Court judge.
• Equity holders of a medical device company in an earn-out dispute with a large technology company that had acquired the device company. The complaint alleged the acquiring company intentionally delayed the development of the medical device to avoid having to make a series of milestone payments. Result: prevailed before a jury in the Delaware Superior Court and was awarded more than US$250 million in damages, one of the Top 100 Verdicts of 2013.
• Equity holders of a medical device company in an earn-out dispute seeking to recover milestone payments allegedly owed under a merger agreement. Result: prevailed at trial in Delaware Chancery Court and was awarded more than US$28 million in damages.
• A small technology start-up in an action for trade secret misappropriation against a large electronics retailer. Result: prevailed before a jury in the Central District of California and was awarded more than US$33 million in damages, one of the Top 100 Verdicts of 2012.
• Equity holders of a medical device manufacturer in an earn-out dispute against its large pharmaceutical acquirer. The equity holders alleged that the acquirer breached the merger agreement as part of a scheme to deny the equity holders millions of dollars in milestone payments. Result: prevailed in arbitration and was awarded more than US$57 million in damages.
• Defendants in a securities class action lawsuit under the 1993 Act alleging that defendants made materially misleading statements in the prospectus for the initial public offering of a major asset management company. Result: the Southern District of New York granted defendants’ motion to dismiss the complaint with prejudice, and the Second Circuit affirmed.
• An investment bank in a nationwide class action seeking more than US$100 million in damages as a result of the bank’s sale of its online brokerage business. Result: the Delaware Chancery Court granted a motion to dismiss the complaint, and the Delaware Supreme Court affirmed.*
• An investment bank in one of the first-ever whistle-blower claims brought under the Sarbanes Oxley Act. Result: the complaint was dismissed after hearings before OSHA.*
• A large media company charged with copyright infringement in an action seeking US$750 million in damages. Result: prevailed at trial before the Bankruptcy Court for the District of Delaware.*
• One of the world’s leading small arms manufacturers in a breach of contract action brought by various lenders. The lenders alleged that the arms manufacturer defaulted under its loan agreement and sought to accelerate over €120 million in loans. Result: the New York State Supreme Court granted the motion to dismiss the complaint in its entirety with prejudice.*
• An investment bank in a case brought by a customer seeking millions of dollars in damages on the theory that the bank reneged on a promise to provide the customer with thousands of shares in an initial public offering. Result: prevailed at trial in Massachusetts state court.*
• A private equity firm in a fraudulent conveyance action brought by a Chapter 7 Trustee alleging that the actual value of assets purchased by the private equity firm was roughly US$40 million more than the purchase price. Result: the Bankruptcy Court for the SDNY granted the motion for summary judgment.*
• An investment bank in a US$60 million dispute over the allocation of tax refunds and liabilities under a tax sharing agreement. Result: prevailed in arbitration before a panel comprised of three former federal judges.*
• The plaintiff in a landmark sexual harassment case against the New York City Police Department. Result: a jury in the Southern District of New York awarded one of the largest verdicts ever in a sexual harassment case.*
• A private equity firm in a case brought by a group of investors demanding co-investment rights in one of the private equity firm’s deals. Result: prevailed on summary judgment in Delaware Chancery Court.

*Matter handled prior to joining Latham