Eric’s diverse litigation practice spans many kinds of high-stakes disputes nationwide and focuses on trials and arbitration. He represents clients in complex business and tort disputes, including: breach of contract, product liability, unfair competition, consumer protection, intellectual property, fiduciary duty and trade secret matters. His experience also includes appeals, mass torts and class action proceedings.

Eric represents corporate entities as both plaintiffs and defendants, and his engagements often include success-based or alternative fee components. He has worked with clients in a wide variety of industries, including the information technology, health care, alarm protection, finance/lending, computer software, medical device and automotive sectors, among many others. 

 
 

Litigation Approach

Stationed in Shook’s Denver office, Eric leverages the strength of the firm’s 500+ litigation attorneys and 100+ analysts with advanced degrees in a range of topics to deliver nimble, team-oriented approaches to complex cases. Having spent his entire career at Shook in two different offices, Eric has extensive experience navigating the firm’s resources to provide top-quality services to clients at a high value.

Eric’s litigation approach focuses on uncovering compelling facts from all available sources, distilling legal precedents to digestible concepts, and weaving the facts and the law together in persuasive and relatable themes for the jury, court or arbitration panel. He is experienced in managing complex cases with numerous witnesses, sophisticated experts and voluminous documents.

In preparing cases for trial, Eric engages in targeted discovery focused on uncovering the evidence that matters. Harnessing Shook’s premier e-Discovery capabilities, Eric is well-versed in efficiently mining large-scale databases to uncover the key pieces of information that make a difference. He uses depositions and other discovery devices not as ends in themselves, but as tools to build compelling case narratives for trial. Eric avoids wasteful disputes and emphasizes cooperation and civility. This thorough yet efficient approach often results in cases being favorably resolved by agreement or motion, without the need for trial.

At trial, Eric uses demonstrative evidence to help explain and visually communicate complex concepts. Modern juries and courts expect more than just rhetoric. Eric’s approach involves showing, not telling, teaching, not lecturing. The end result is a more engaged decision-maker and a better outcome for clients.
 

Representative Matters

Unfair Competition—Trial Counsel. Prosecution of Lanham Act, common law unfair competition, and breach of contract claims against numerous alarm services providers that compete with Shook client ADT. The cases resulted in several multimillion-dollar recoveries (Federal Court, numerous jurisdictions).

Business Litigation—Confidential JAMS 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).

Fire Product Liability Litigation. Representation 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 dispositive 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. Representation of a multinational engineering and electronics company in numerous automotive product liability actions relating to airbag deployment (Federal and State Court, multiple jurisdictions).

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).

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. Representation 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.

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

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.