Over the course of his career Eric has been fortunate to both handle a broad range of lawsuits, arbitrations and investigations for both plaintiffs and defendants and serve as a neutral on these matters. These matters involved the energy, environmental, chemical, financial institutions, professional services, transportation, educational, transportation, healthcare and retail industries and include:
Energy matters involved electricity, oil/gas, and alternative/renewable energy markets. Represented several multinational oil and gas companies and wholesalers in various lawsuits (Antitrust, PMPA) involving exploration, production (leases, royalties), pipelines, petrochemicals, refining and sales. Alternative energy experience includes wind, solar energy, geothermal, hydro-electric and regulatory energy conservation programs. Past counsel to the New England Alternate Energy Industries Association. Arbitrated numerous multimillion dollar energy arbitrations including matters involving development of large solar energy projects, construction of wind turbine farms, ISO-NE tariffs and energy producers, and payment under DOE energy conservation programs. Recently successfully concluded a mediation between four municipalities and an energy aggregator over disputed increased charges (SREC) for electrical power.
Eric has handled numerous environmental matters throughout the country including Superfund cases, contaminated wells, air pollution, leaking pipelines, UST cases, environmental professional malpractice breach of contract, neighbor nuisance cases (toxic emissions), Transfer Act claims. National counsel for multinational oil companies environmental exposure – toxic tort cases. He has mediated settlement of various Federal and State Court cases including a group of cases involving 19 parties and claims of pollution of industrial property, and a breach of contract/malpractice action against environmental professionals.
Eric has litigated various closely held corporate and partnership disputes involving claims of valuation, control, fraud, improper transfer of assets, owner and executive compensation. He has served as an arbitrator and mediator on several such disputes.
Eric has litigated and arbitrated employment and breach of contract claims for boards of education, NCAA investigations for private college. Mediator for employment claims (discrimination, harassment, ADA), construction disputes, sexual abuse, special needs, personal injury cases involving colleges, private and public schools.
He has extensive experience as Managing Partner of McCarter & English, LLP, member of executive committees of two firms, and as trial attorney and arbitrator with matters involving law firms and legal services. Handled for both plaintiffs and defendants claims of malpractice, breach of ethical obligations, grievances, breach of fiduciary duty, antitrust violations, law firm fee collection actions, and disputes arising out of partnership agreements including the departure of partners and/or hiring of lateral partners. Lead negotiator in departure of 50 plus lawyer from one firm and merger into another. Sole arbitrator on million dollar law firm fee dispute matter. Member of CBA Attorney Fee Dispute Arbitration Panel. Also handled claims for and against accounting firms (on claims involving audits, tax advice, consulting), consultants, wealth managers, architects and insurance brokers.
Securities, Financial Institutions
He has represented publicly traded companies in connection with S.E.C. and Justice Department investigations regarding claims of material representations and omissions relating to the sale of securities, security filings, and claims of obstruction of justice involving these investigations. Eric has counseled and represented officers and directors on insider trading claims and has represented both individuals and a national bank in Rule 10(b)(5) fraud claims. He represented a regional brokerage firm and various security and commodity brokers in churning, margin violation, suitability and breach of contract claims. As a mediator he recently settled a federal court action involving 10(b)(5) fraud and shareholder derivative claims. He also represented FINRA’s predecessor the National Association of Securities Dealers (NASD) in cases in Connecticut where one of the participants had challenged the arbitration process or hearing procedures. He represented various accounting firms (Big 4, Regional) in connection with securities fraud actions against either them or their clients. He is a FINRA arbitrator and mediator.
Eric has represented employers, officers, and consultants in trial and arbitrations involving executive compensation, wrongful termination, harassment, retaliation, covenants not to compete, theft of trade secrets, and violations of non-disclosure agreements. The claims involved organizations in the education, big data, wealth management, insurance, real estate development, commodities trading, retail and health care industries. He also served as a mediator in various court cases involving executive pay, discrimination, whistleblowing, ADA, FLSA, age, race, gender, and national original discrimination allegations.
Handled, tried and mediated breach of contract, personal injury, environmental, insurance and regulatory matters involving shipping (blue water and barges), trucking and railroad companies.
Eric has tried and mediated numerous serious personal injury and wrongful death cases involving product liability, toxic tort, motor vehicle defective premises, dram shop act and criminal violation claims.
REPRESENTATIVE ADR EXPERIENCE
- Chair of panel involving several related breach of contract and construction dispute arbitrations arising out of a series of major solar energy public finance projects (90 solar generating sites), with cross claims for damages of over $100 million.
- Chair of panel in multimillion-dollar dispute involving claims of defective equipment supplied to a wind power project.
- Chair of Panel in closely held multimillion dollar business dispute involving shareholder buyout and valuation of business.
- Sole arbitrator in dispute between international law firm and client over unpaid fees and billing practices.
- Member of panel adjudicating multimillion-dollar dispute between independent power generator and a national energy provider involving breach of a Tolling Agreement and an ISO-NE program.
- Member of panel adjudicating a multimillion-dollar breach of contract claim involving the purchase of foreign solar photo voltaic modules.
- Sole arbitrator in a multi-million dollar breach of contract claim between a major advertising agency and an international retailer.
- Sole arbitrator in dispute between an ISO and a provider of alternate energy solutions over a claim for reimbursement of fees that were overpaid under a FERC program.
- Sole arbitrator in arbitration between medical device company and terminated CEO over rights to compensation including royalty payments for patents assigned to the Company by the largest shareholder and director.
- Member of panel deciding breach of contract cross claims between a manufacturer of components for the automotive industry and foreign parts supplier.
- Sole arbitrator in contract dispute between software developer and manufacturing business over various business software.
- Sole arbitrator in a dispute between a manufacturer of a cleaning product and the company who labeled and distributed it arising out of the recall of the product by national retail chain.
- Sole arbitrator in various disputes between property owners and architects and interior designers over redesign and reconstruction of commercial and residential properties.
- Mediation arising out of several federal court actions involving the contamination (PCBs, VOCs, etc.) and multimillion-dollar cleanup of an industrial property in Stamford, CT with related issues pertaining to the contamination of neighboring parcels. Parties included three owners of the property over a 60 year period, five railroads (whose tracks were abutting and, in the past ran through a corner of the property), two utilities and six neighboring businesses.
- Intrafamily disputes over ownership and operation of several partnerships and businesses involved in the landscape, construction and garden center industries resulted in several lawsuits brought in state court by two brothers and one of their spouses claiming, inter alia, breach of contract, theft, breach of fiduciary duty, tax, environmental and bankruptcy claims.
- Multimillion dollar maritime breach of contract dispute between an international shipping company and a major U.S. food processor involving payments for several shipments of agricultural produce to China from the United States.
- Multimillion dollar contract dispute between several municipalities and an energy aggregator over pricing of electricity involving the state’s renewable energy program (SREC).
- Securities fraud, derivative shareholder and corporate governance claims (under Delaware law) involving major shareholders and Board of Directors of a health products company.
- Multiparty (tenant, building owner, installer, engineer, equipment manufacturing and component manufacturing) dispute involving million dollar plus property damage claims arising from the installation of cooling equipment for a computer server facility. Case involved breach of contract, premises liability, product liability, and indemnification claims.
- Breach of contract lawsuit pending in state court between the owner of an oil distribution business and related oil storage terminal and an environmental consulting firm which had been hired to advise on the purchase of the facility and subsequent remediation.
- Series of mediations of cases pending in both state and federal court arising out of the construction and remodeling of a high school and middle school.
- Attorney malpractice action pending in Federal Court involving claims of mishandling an employment discrimination lawsuit and conspiracy amongst defense attorneys
- Dispute between educational institution and former teacher involving claims of retaliation and sexual abuse of students.
- Copyright infringement action with Lanham Act counterclaims between a music publisher and a music instrument manufacturer.
- Mediated various employment claims of illegal termination, ADA violations, gender, ethnic and racial discrimination, sexual harassment and personal injury involving teachers, employees and contractors for universities and high schools.
- Mediated various § 1983, ADA Employment and FLSA cases pending in Federal Court.
- Mediated various significant personal injury, property damage claims.
- Has served as a court-appointed mediator and/or settlement master in both Connecticut and New York state and federal courts. I have also mediated cases referred from the Complex Litigation Docket of the Connecticut Superior Court. Has served as mediator for the Connecticut Bar Association Attorney Fee Dispute program and was the Connecticut mediator for the Dalkon Shield Trust Fund.