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About Mr. Eric N. Whitney

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.

Awards

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Services

Areas of Law

  • Litigation
  • Other 7
    • Government Litigation
    • Class Action Litigation
    • Financial Regulatory and Compliance Group
    • Litigation: Commercial
    • Securities Law
    • Commercial
    • Securities & Investment Fraud

Practice Details

  • Representative Cases & Transactions
    Cases
    Significant 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

  • Bar Admission & Memberships
    Admissions
    1992, 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
    Memberships

    Professional & 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 & Certifications
    Law School
    Southern 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 Education
    Duke University
    Class of 1989
    B.A.
    Political Science
  • Personal Details & History
    Age
    Born in 1967
    Quincy, Massachusetts, 1967

Mr. Eric N. Whitney

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250 W 55th St Ste 664New York, NY 10019-9710U.S.A.

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