Eric represents clients in high-stakes business litigation nationwide with a focus on trials and arbitration. His experience spans all kinds of commercial disputes, including unfair competition, false advertising, trade slander/commercial defamation, consumer protection, trademark, trade secret, breach of contract, tortious interference, product liability and other common law and statutory causes of action. His experience also includes appeals, mass torts and class action proceedings.
Eric frequently represents companies as plaintiffs seeking affirmative recovery against other businesses, often on contingent, mixed, or alternative fee arrangements. In recent years, Eric has helped clients large and small achieve nearly a quarter billion dollars in verdicts and settlements, including one of the largest verdicts in the firm’s history as co-lead trial counsel in federal court.
Eric also defends companies when their business, reputation, or products are on the line, and he has served as defense counsel in numerous eight- and nine- figure trials and arbitrations. He has worked with clients in a wide variety of industries, including the information technology, health care, alarm protection and home automation, finance/lending, computer software, medical device and automotive sectors, among many others.
Eric has examined over 50 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.
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)
PresentationsVirtual 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
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).