Areas of Expertise
Eric provides a variety of alternative dispute resolutions services, including acting as a mediator, arbitrator and provisional director (LLC Manager). His provisional director services have become particularly relevant as boards of corporations and the managers of limited liability companies find themselves increasingly deadlocked and in need for help to reach consensus or a neutral to break the deadlock. As a provisional director, Eric's primary focus is the well-being of the company and its shareholders/members.
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Business and Contracts
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Corporations/LLCs/Partnerships
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Employment
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Finance
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Intellectual Property
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Personal Injury
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Professional Malpractice
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Real Estate
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Securities
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Trusts/Estates/Probate
Business and Contracts
Eric’s business practice and client representation span across all commercial transactions, including business contracts, licensing, joint ventures, corporate and company structures, stock ownership, fiduciary duties, real property, finance, and government regulation. Eric has successfully mediated and arbitrated matters including those noted above.
Corporations/LLCs/Partnerships
Eric served as the Chair of the California State Bar Committee on Partnerships and Limited Liability Companies (2007-2008) and, as part of his retention as outside general counsel for various types of business entities, has substantial experience involving corporate governance, shareholder relationships, fiduciary duties, insider transactions, unfair competition, self-dealing, the business opportunity doctrine, non-competition agreements, trade secrets, capital financing, securities, executive compensation, mergers and acquisitions. Eric has mediated and arbitrated matters including relating to shareholder relationships, stock issuance, and allegations over breaches of fiduciary duties. Eric’s experience as outside corporate counsel makes him an ideal choice to act as a provisional director/manager for corporations, limited liability companies, and general partnerships.
Employment
Eric has advised employers, employees, and independent contractors as part of his business practice . Some common employment law cases include discriminatory practices, wrongful termination, trade secrets, sexual harassment, and most disputes that arise between employee and employer. Eric has mediated and arbitrated matters including employment claims.
Finance
As part of Eric’s business practice, he has advised clients on various financing matters relating to financial institutions, creditors, credit facilities, real estate development financing, etc., and has successfully mediated disputes arising therefrom.
Intellectual Property
As part of Eric’s business practice, he has advised clients on various intellectual property (IP) matters, including those involving copyrights, trademarks, patents, trade secrets, and has successfully mediated same. IP issues often arise in the employment and labor context, in dealings with independent contractors, and business to business disputes; a strong understanding of IP is necessary to successfully mediate such disputes.
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Personal Injury
While not a core practice area for Eric, he has successfully mediated personal injury matters.
Professional Malpractice
Eric’s business practice includes advising clients regarding professional malpractice, and he has successfully mediated same, including those related to legal and accounting malpractice.
Real Estate
In his business practice, Eric advises clients on the acquisition and financing of real property, and has successfully mediated matters involving same. Some common real estate matters include foreclosure, quieting title, eminent domain, filing liens, transfer of ownership, contesting deeds, and secured interests in real property.
Securities
Eric has been an expert witness in securities litigation, and regularly advises his business clients and individual investors in disputes regarding insufficient disclosures, the unlawful sale and/or marketing of securities, oversight failures, securities fraud, insider trading, breach of fiduciary duties, self-dealing, derivative litigation, and violation of shareholder rights. Eric has arbitrated matters including securities law claims.
Trusts/Estates/Probate
While not a core practice area for Eric, trusts, estates, and probate often involve fiduciary duties, real property, business division and management; topics of which he is well-versed and has successfully mediated.