Eric Swibel, Co-Chair of the Litigation & Trial Department in the firm’s Chicago office, represents global market leaders in their most significant disputes. He advises clients in securities and complex commercial litigation in federal and state courts, arbitration, and government and internal investigations.

Eric advises public and private companies, broker-dealers, and investment advisers, as well as officers and directors. He helps clients navigate:

  • Securities fraud lawsuits
  • Shareholder derivative lawsuits
  • Complex commercial litigation
  • SEC enforcement investigations related to:
    • Accounting
    • Disclosures
    • Regulatory compliance
    • Insider trading

He leverages extensive experience representing large public companies and leading financial services firms to advise clients on all aspects of litigation and investigations, including business implications, sensitive whistleblower matters, and privilege.

Pro Bono

Complementing his business work, Eric has an active pro bono practice, representing clients in investigations and litigation involving various issues, including protection of constitutional rights.

Eric's experience includes representing:

Litigation

  • A leading manufacturer of automotive products in a securities class action alleging the defendants made false and misleading statements
  • A Fortune 500 public company in securities litigation, derivative litigation, and commercial litigation
  • A Fortune 100 public company in derivative litigation
  • A major public e-commerce company and its directors in litigation challenging the board’s decision to approve a competitor’s acquisition of the company
  • A public company CEO in a criminal securities fraud trial resulting in acquittal on all 14 counts
  • A public company and its CEO in multiple arbitrations resulting in full defense verdicts and awards of attorney fees
  • A Fortune 100 pharmaceutical company in a class action related to drug pricing
  • A Fortune 500 company in derivative litigation, mass arbitrations, and a class action related to allegedly misleading advertisements
  • A Hong Kong-based gaming corporation and an individual director in a securities fraud lawsuit brought by US investors
  • Former officers and directors of a company in litigation with an SEC receiver arising out of a multimillion-dollar fraud
  • Irish and Cayman custodian banks in clawback proceedings arising out of a multibillion-dollar Ponzi scheme
  • An NYSE-listed retail company and its officers and directors in defense of securities class actions and derivative claims relating to earnings announcements and alleged problems regarding integration of new business
  • A food manufacturer in connection with a complaint filed against the maker of a key fruit snack ingredient alleging breach of contract and fraud
  • A global manufacturer of trucks and engines and its former CEO in an SEC investigation and litigation arising out of allegations that company and CEO misled shareholders about status of its engine technology

Internal Investigations

  • An NYSE-listed Fortune 100 company in an internal investigation involving whistleblower allegations of improper accounting and tax fraud
  • An investment adviser to a hedge fund in an internal investigation related to commodities-based investments
  • A publicly traded company in investigations into kickback allegations
  • An NYSE-listed real estate investment trust (REIT) in an internal investigation and litigation related to a multimillion-dollar fraud against the company
  • A private company in an internal investigation related to allegations of improper handling of electronic evidence related to alleged sexual assault by an officer of the company with US$8 billion in annual revenue

Government Investigations

  • An NYSE-listed Fortune 500 manufacturer in connection with an SEC investigation and class action securities fraud lawsuit
  • A mutual fund investment adviser in connection with an SEC investigation related to fees charged to investors and related disclosures
  • Multiple broker-dealers in connection with SEC and FINRA investigations related to mutual fund sales charges
  • An NYSE-listed Fortune 500 company in an SEC investigation relating to accounting and disclosure of loss contingencies
  • Current and former directors of public companies in SEC and internal investigations into potential insider trading
  • A private equity firm in connection with an SEC investigation into potential pay-to-play violations involving an elected official
  • A hedge fund in connection with an SEC investigation into potential pay-to-play violations involving an elected official
  • An Argentinian company in a federal criminal investigation in connection with US government contracting
  • A former CFO of a tech startup company in connection with a federal criminal investigation and related SEC investigation
  • A private company in connection with an SEC investigation related to allegations of unlawful trade allocations 

Bar Qualification

  • Illinois

Education

  • JD, Emory University School of Law, 2008
    with honors, Order of the Coif
  • BA, Emory University, 2002