Eric’s practice is focused on high-stakes litigation and trials throughout the United States. A partner in Shook’s General Liability Litigation practice group, his experience spans all kinds of commercial disputes, including:
- Breach of contract
- Unfair competition
- Deceptive trade practice
- False advertising
- Commercial defamation
- Consumer protection
- Trademark
- Trade secret
- Fiduciary duty
- Real estate
- Product liability
- Toxic tort
- Mass tort
- Class action and
- Other statutory and business tort claims.
Eric frequently represents companies as plaintiffs seeking affirmative recovery against other businesses, often on contingent, mixed, or alternative fee arrangements that better align client and lawyer incentives to maximize efficiencies and case outcomes. He has helped clients achieve hundreds of millions of dollars in verdicts and settlements. Recently, one of his cases was recognized as being among the top 25 jury verdicts in the country across all case types.
Additionally, Eric regularly defends companies when their business, reputation or products are on the line. He has served as defense counsel in numerous eight and nine figure trials and arbitrations, and he has achieved wins for defendants at all stages, from pre-suit negotiation, to early dispositive motion practice, to summary judgment, trial and appeal.
As both plaintiffs and defendants, Eric often engages with clients on one-off disputes that require quickly grasping new technologies, complex legal issues, and complicated facts. Eric is also well versed in handling entire litigation portfolios, finding ways to achieve better and more efficient results in voluminous pattern litigation. He has worked to resolve conflicts in various industries, including the information technology, health care, medical device, home automation, finance/lending and automotive sectors, among many others.
Clients praise Eric for his trial acumen and his collegial approach to tough cases. Following a federal trial one client’s CEO remarked, “I nicknamed [Eric] ‘Mr. Clean’ for his precise, focused, mild-mannered and thoughtful approach to the case and everyone involved. A true professional.” Another general counsel stated, “I’ve never seen someone completely demolish an expert witness on cross examination as effectively as Mr. Hobbs.” Eric has examined dozens of trial witnesses in complex commercial cases, spanning direct- and cross- examinations of experts in numerous fields, corporate executives, company employees, fact witnesses and other third parties. In law school, Eric was selected to compete on the national trial and appellate advocacy teams at the University of Denver, regularly recognized as a top-10 advocacy program among all U.S. law schools.
Having spent his entire career at Shook, Eric is adept at navigating the firm’s resources to deliver exceptional service, value and outcomes to his clients. When needed, he draws on the knowledge base of Shook’s 500+ litigation attorneys to associate specialists on various legal issues, and he also leverages Shook’s stable of non-attorney subject matter experts in a variety of topics, from complex ESI and technology matters to nuanced scientific questions.
Outside of the office, Eric is an avid skier, hiker and mountain biker. He and his wife share three kids.
Representative Matters
Unfair Competition—Trial Counsel. Prosecution of Lanham Act, common law unfair competition, deceptive trade practice, and tortious interference claims against the second-largest provider of smart home technology in the United States, resulting in a jury verdict of $189 million. (Federal Court, North Carolina)
Business Litigation. Defense of a corporate client against claims of fraud, misrepresentation, tortious interference and estoppel in connection with an alleged wrongful termination of an authorized dealership relationship where the plaintiff alleged nine-figure damages. (Colorado)
Business Litigation—Confidential Arbitration. Prosecution of a breach of contract and declaratory judgment action following the $1.3 billion sale of a global health care technology business unit. (California)
Unfair Competition—Trial Counsel. Prosecution of Lanham Act, common law unfair competition, deceptive trade practice, trade slander and tortious interference claims against numerous alarm services providers that compete with client ADT. The cases resulted in several multimillion-dollar recoveries, including jury verdicts and settlements. (Federal Court, numerous jurisdictions)
Medical Product Liability Defense. Won dismissal of product liability lawsuit against hip implant manufacturer under the doctrine of preemption. (Federal Court, Colorado)
Fire Product Liability Litigation. Defense of diverse manufacturing clients in numerous product liability actions relating to fire events in commercial and residential properties involving a variety of products and component parts. (Multiple Jurisdictions)
Commercial Litigation and Appeal. Obtained complete dismissal with prejudice of all claims through motions practice in a suit brought under the Fair Credit Billing Act involving an issue of first impression. The dismissal was affirmed on appeal in a published opinion by the Tenth Circuit, creating favorable precedent for dismissal of other similar suits brought throughout the country. (Federal Court, Colorado)
Partnership Dissolution—Confidential Arbitration. Representation of prominent law firm in dissolution and declaratory judgment action. (Colorado)
Automotive Product Liability Litigation. Defense of a multinational engineering and electronics company in numerous automotive product liability actions relating to airbag deployment. (Federal and State Court, multiple jurisdictions)
Class Action—Trial Counsel. Defense of a national nursing home chain in a case involving allegations of chronic understaffing. The class, which had been certified prior to Shook’s engagement, claimed damages in excess of $100 million. The case resolved before trial while several case-dispositive motions were still pending. (Arkansas)
Commercial Litigation. Defense of former chief executive officer of one of California’s largest prefabricated building component manufacturers in a $20 million litigation stemming from the alleged breach of a guaranty agreement securing a commercial loan. (Colorado)
Trade Secret and Non-Competition Litigation. Obtained a preliminary injunction against three former employees of a leading national consumer credit business prohibiting the former employees from engaging in competitive business or disclosing the client’s trade secrets contrary to their employment agreements. The injunction resulted in a confidential settlement in favor of the client. (Colorado)
Product Liability Litigation. Defense of design defect, failure to warn and punitive damages claims against a pipe-component manufacturer, resulting in a complete defense verdict. (New Jersey)
Multidistrict Litigation. Served as national coordinating counsel for dispositive motion briefing in a consolidated pelvic mesh MDL. Legal issues included statutes of limitation, negligence, all theories of product liability, breach of warranty, loss of consortium and punitive damages under more than 40 states’ laws, as well as Daubert challenges to various expert witnesses for over 100 initial cases. (Federal Court, West Virginia)
Commercial Litigation—Confidential Arbitration. Trial counsel in defense of a Fortune 500 client in a complex commercial dispute involving claims of lost revenue and lost business value exceeding $240 million. (North Dakota)
Business Litigation. Defense of contract and consumer protection claims in a business dispute involving alleged losses of more than $30 million. (South Carolina)
Medical Device Litigation. Obtained summary judgment for a leading medical device manufacturer in a case alleging various product defects related to a surgical stapler used in a gastric bypass revision surgery. (Minnesota)
Automotive and Commercial Vehicle Litigation. Defense of school bus manufacturer against allegations that faulty brakes were responsible for a crash where the plaintiffs sought to recover in excess of $50 million in economic damages. Following an eight-week trial, the jury returned a full defense verdict. (Missouri)
Civil Rights. Successfully represented an inmate in a 42 U.S.C. § 1983 civil rights action against a third-party prison contractor for failure to provide necessary medical care. Case resolved on confidential terms prior to trial. (Federal Court, Missouri)
White-Collar Criminal Defense. Defense of individual against a 72-count federal indictment for conspiracy to defraud the United States and filing fraudulent tax returns in excess of $95 million. Obtained dismissal of 70 counts of the indictment and sentence of less than half the time originally sought by the Government and below the U.S. Federal Sentencing Guidelines range. (Federal Court, Missouri)
Presentations
Preparing and Producing Company Witnesses: Putting Your Best Foot Forward Without Crossing Ethical Lines, ACC Colorado: Ethics & EDI Day, December 5, 2024.
Virtual Depositions, Denver Bar Association, May 6, 2020.
Common Drafting Errors That Create Litigation Risk, Association of Corporate Counsel Fall Frenzy, Denver, Colorado, October 4, 2018.
Working With Experts Under the Amended Federal Rules, Tort Academy, Kansas City, Missouri, December 5, 2013.
Publications and Media Coverage
Business Litigation ‘Super Lawyers’ Clock AI, Hefty Digital Discovery, Noncompetes, Cybersecurity as Recent Practice Area Trends, Law Week Colorado, May 20, 2024.
A Case Study in Getting an Associate Stand-Up Experience in a High-Stakes Trial, American Lawyer Media, September 28, 2023.
Vivint hit with $189.7 million verdict for stealing security rival's customers, Reuters, February 20, 2023.
Lawyers of the Year and Ones to Watch Offer a Bevy of Advice, Law Week Colorado, September 24, 2021.
Expanding Potential Exposure for Businesses, Colorado Lawyer, May 2021 (with Elisabeth Hutchison).