Mr. Eric N. Whitney is a lawyer practicing litigation, government litigation, class action litigation and 5 other areas of law. Eric received a B.A. degree from Duke University in 1989, and has been licensed for 34 years. Eric practices in New York, NY.
About Mr. Eric N. Whitney
Awards
Reviews for Eric
Services
Areas of Law
Practice Details
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Representative Cases & TransactionsCasesSignificant Representations: Representing JP Morgan Securities, LLC,
affiliates in RMBS, CDO
mortgage litigation matters filed by monoline bond insurers, investors,
trustees pending in state
federal courts in New York
Texas.
Representing U.S. Education Finance Corp., a leading issuer of private guaranteed student loan-backed securities, in ABS-related litigation
disputes with investors
trustees.
Representing a Florida-based regional bank in adversary proceedings relating to Synthetic CDOs
CDS with Lehman Brothers bankruptcy estate.
Defending HSBC Bank, N.A., in multiple litigation matters relating to mortgages
consumer loans.
Defending One West Bank in government forfeiture litigation matter involving commercial
residential properties.
Representing a startup social networking company in litigation involving theft of trade secrets,
computer fraud
abuse claims.
Defending CashCall, Inc., a California-based consumer
mortgage lender, in civil enforcement litigation filed by the West Virginia Attorney General, as well as other state Attorney General investigations.
Representing a boutique investment bank in litigation relating to a failed private loan placement
misappropriation of funds by a fraud ring.
Defended NYSE Euronext in shareholder litigation relating to proposed merger with Deutsche Borse.
Advised a national mortgage bank
RMBS issuer on pre-litigation strategy for major RMBS litigation.
Defended national mortgage servicers EMC Mortgage Corporation, Homecomings Financial,
Saxon Mortgage Services in predatory lending, wrongful foreclosure, disclosure,
servicing-related litigation matters.
Defended TravelFocus, LLC, a Dallas-based travel aggregator, in litigation filed by American Airlines.
Defended OTC Markets Group, Inc., (f/k/a Pink Sheets) in patent infringement action filed in the Eastern District of Texas.
Represented a publicly traded advertising firm
a gaming equipment manufacturer in administrative proceedings
litigation with the Texas Attorney General.
Defended The Wynn Las Vegas Corp., in litigation filed by a customer to recover $14 million in gambling losses incurred while on Parkinson's medication.
Represented Texas-based real estate developer in litigation against limited partner relating to Honolulu mixed-use development property.
Represented PepsiCo, Inc., in litigation against a national pizza franchise relating to early termination of beverage supply contract.
Represented Motor Coach Industries, Inc., in coverage litigation with insurer relating to fatal coach accident.
Represented Intel, Inc., in trade secret litigation with Motorola, Inc., relating to semiconductor technology.
Represented SunTrust, Inc., as Trustee, in litigation relating to administration of private nursing home facilities
Issuer default.
Represented Frito-Lay, Inc., in disputes with baking equipment manufacturers
in connection with government seizure of funds misappropriated from a national grocery chain.
Defended The Associates, Inc., in class action litigation related to alleged predatory
unfair lending practices on cash-out consolidation loans.
Represented DSC Communications
Alcatel USA, Inc., in trade secret
copyright actions against manufacturers of unauthorized replacement parts
knock-offs of digital
optical switching technology.
Represented Texas Instruments, Inc., in trade secret litigation relating to MP3 chipset technology.
Represented Texas-based real estate developer in litigation arising from misappropriation of funds by managing partner of California residential development project.
Defended Wasserstein Perella in SEC civil injunction
enforcement proceedings relating to failed emerging markets investment fund
in litigation with former executive.
Defended Bank One, N.A., in multiple class action litigation matters in Tennessee, California
Arizona relating to private label credit card products
bank service fees.
Represented Bank One, N.A., in litigation matters against commercial loan borrowers
guarantors.
Represented institutional bondholders in litigation with developer of Austin Bergstrom Airport Hilton hotel.
Represented Bank One, N.A., in multi-year litigation with FDIC over acquisition of Momentum Bank building in Dallas.
Defended Trust Company of the West, as a senior bondholder, in litigation by unsecured creditors challenging the confirmed bankruptcy plan of National Gypsum, Inc.
Defended Dr. Pepper/Seven-Up, Inc., in securities class action, employment litigation matter,
arbitration of severance claim by former executive.
Represented Exxon, Inc., in major litigation with Lubrizol, Inc., involving dispute over patented oil additives.
Defended government contractor in false claims litigation.
Represented Family Trust investor in Gulf Coast casino development in litigation against developers.
Defended Owens-Illinois, Inc., in asbestos-related personal injury lawsuits.
Representation of a major soft drink company in multiple litigation
arbitration matters involving employment discrimination
termination
severance disputes with senior executives. Obtained summary dismissal of discrimination
ERISA claims,
take-nothing defense findings in multiple arbitrations.
Representation of several Wall Street investment banks
broker/dealers in SEC civil injunctive actions, prime brokerage disputes, NASD arbitration proceedings involving both customers
employees,
state court trials.
Representation of Intel, Alcatel USA, Texas Instruments,
numerous other technology
financial services companies in trade secret, non-compete
employee raiding litigation matters, including obtaining
defending against injunctions in state
federal court,
trying to verdict, multiple theft of trade secrets
non-compete cases.
Representation of Bank One
The Associates in state
national putative
certified class action lawsuits in Texas, California, Tennessee,
Arizona involving claims of predatory lending, violations of consumer protection laws, fraud,
unfair business practices.
Representation of several leading residential mortgage servicers
issuers of mortgage-backed securities in repurchase litigation, investor disputes, internal investigations,
defense of individual
class action borrower claims.
Experience
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Bar Admission & MembershipsAdmissions1992, Texas
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Southern District of New York
2008, New York
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of Texas
U.S. District Court for the Western District of Texas
Supreme Court of the United States
U.S. District Court for the Eastern District of Texas
MembershipsProfessional & Community Involvement
•Diamond Life Sponsor, NYC Gala, 2012-Present
•Sponsor, New York Restoration Project, 2010-2011
Present
•Sponsor, amFAR NY, 2009-Present
•Member, American Bar Association
•Member, State Bar of Texas
•Member, Dallas Bar Association
•Vice Chairman, Ducks Unlimited
•Boy Scouts of America, Volunteer/Assistant Pack Leader, 2010-2012
•Board of Trustees, Dallas Theater Center, 2006-2008
•Board of Directors, SMU Athletic Forum, 1998-2008
•Board Member, SMU Athletic Forum/Doak Walker Award, 1998-2006
•Junior Associates, Dallas Museum of Modern Art, 1995-2000 -
Education & CertificationsLaw SchoolSouthern Methodist University Dedman School of Law
Class of 1992
J.D.
cum laude
Southern Methodist University Dedman School of Law
Class of 1992
J.D.
Order of the Coif
Other EducationDuke University
Class of 1989
B.A.
Political Science
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Personal Details & HistoryAgeBorn in 1967
Quincy, Massachusetts, 1967