• JD, magna cum laude, University of Illinois, 1996
• BA, summa cum laude, Bradley University, 1993

• California State Bar
• Illinois State Bar
• Kansas State Bar
• Michigan State Bar
• Missouri State Bar

Financial services litigation: Digital assets

• Defended a decentralized exchange (“DEX”) against claims brought by a liquidity provider regarding whether the liquidity provider is entitled to tokens following the launch of the DEX.
• Obtained a defense verdict for a cryptocurrency exchange in a multi-million dollar claim involving stolen bitcoin. The defendant awarded attorneys’ fees and costs.
• Obtained a judgment for a crypto exchange against a crypto company and its CEO on an indemnity claim.

 Financial services litigation: Broker-dealer and securities

• Obtained a defense verdict in a U-5 defamation case for a Minneapolis-based securities firm in a five-day arbitration in Milwaukee.
• Obtained a defense verdict in U-5 defamation claim for a securities firm in a four-day arbitration in Chicago.
• Successfully represented a national broker-dealer in a two-week FINRA arbitration on a multimillion-dollar defamation claim that resulted in a defense verdict.
• Represented a securities firm in a nine-day FINRA arbitration hearing in Chicago involving defamation and issues relating to Broker Protocol and Regulation S-P.
• Defended a federal class action involving an alleged US$150 million shortfall in a pre-need funeral trust in a case that concluded successfully for his client.
• Successfully represented a broker-dealer in a two-week multi-million dollar FINRA arbitration involving a raiding claim brought by a rival broker-dealer.
• Represented a broker-dealer in a federal trial in the Southern District of Illinois involving the timing of the sale of an unregistered security.
• Obtained a directed verdict in a FINRA arbitration involving “selling away” claims.
• Obtained a favorable award in defending a broker-dealer and two financial advisers in a FINRA arbitration involving non-compete and tortious interference claims brought by another broker-dealer.
• In Schwarz v. Gierke, 788 N.W. 302 (N.D. 2010), Eric convinced the North Dakota Supreme Court to reverse a trial court decision regarding the arbitrability of a dispute.
• In a pair of appellate decisions in the same case--Hollingshead v. A.G. Edwards & Sons, Inc., 396 Ill.App.3d (5th Dist. 2009) and 2012 IL App (5th) 120095-U--Eric successfully argued that the trial court entered erroneous orders denying motions to compel arbitration.
• Eric has obtained numerous awards in promissory note cases for broker-dealers. For example, in Waddell & Reed v. McGaffey, 2016 WL 4537833 (Aug. 23, 2016), the FINRA Panel awarded Eric's client the full amount sought in a promissory note case despite the respondent's vigorous assertion of various defenses.

Financial services litigation: Banking and mortgage servicing

• Argued before the Missouri Supreme Court and obtained vacation of a multimillion-dollar judgment against a national bank and remanded the case for a new trial on damages.
• Prevailed in an appeal before the Missouri Court of Appeals, Eastern District on behalf of one of the nation's largest mortgage servicers in a declaratory judgment action in which plaintiffs sought to avoid a US$1 million obligation on their property based upon various Uniform Commercial Code arguments.
• Obtained a precedent-setting ruling in the Eighth Circuit Court of Appeals that made fraud and negligent misrepresentation claims more difficult to assert against financial institutions.
• Obtained summary judgment in the Western District of Missouri federal court on an MMPA claim following the Eighth Circuit decision referenced above. The Court's dismissal was one of the first rulings in favor of a mortgage servicer on an MMPA claim following Missouri Supreme decisions that expanded MMPA liability to servicing activities.
• Obtained a dismissal of a federal class action suit regarding the type of notice that a foreclosure sale purchaser must provide. The Court relied on the Wilson decision, explained in the next bullet point.
• In Federal National Mortgage Association v. Wilson, 409 S.W.3d 490 (Mo. App. 2013), Eric convinced the Missouri Court of Appeals, in an issue of first impression, to overturn a trial court ruling and established that a foreclosure sale purchaser was entitled to immediate possession without further demand.
• Persuaded the Eighth Circuit Court of Appeals to affirm the dismissal of the borrower's claims and sustain heightened standards for asserting fraud claims.
• Obtained summary judgment in a federal class action in the Eastern District of Missouri challenging the securitization of asset-backed securities and a national bank's loan modification procedures.
• Represented a financial services company in a successful settlement of a class action alleging UCC violations relating to sales of vehicles following repossession.
• Obtained a defense verdict in a jury trial in Jackson County, Missouri for a national bank in a dispute with the world's largest property restoration company.
• Represented a national bank in a successful settlement of class action involving the Second Mortgage Loan Act in the Western District of Missouri.

Real estate litigation

• In Hemsath v. City of O’Fallon, 261 S.W.3d 1 (Mo.App. E.D. 2008), Eric convinced the appellate court to reverse a million-dollar-plus verdict involving an alleged breach of a real estate covenant and enter judgment in favor of his client.
• Represented landowners in a high-profile condemnation matter involving a prominent building in downtown St. Louis, a matter which was covered by The St. Louis Business Journal.
• Represented a municipality affected by numerous condemnation actions arising out of the expansion of Lambert-St. Louis International Airport.
• In a rarely used condemnation proceeding, Eric represented a building owner in condemnation of a leasehold interest brought by the federal government.
• Obtained a defense verdict for a property owner in a Madison County, Illinois jury trial involving an adverse possession claim.
• Obtained a verdict in favor of a high-end shopping center seeking to enforce radius restriction in St. Louis County.
• Successfully represented the Federal Reserve Bank of St. Louis in an injunction action involving the development of a parking garage.

Telecommunications litigation

• In USCOC of Greater Missouri, LLC v. County of Franklin, Missouri, 636 F.3d 927 (8th Cir. 2011), Eric convinced the Eighth Circuit Court of Appeals to reverse a federal district court decision and order that barriers to the construction of a telecommunications tower be removed. The resulting opinion is one of the strongest TCA decisions in the nation.
• Obtained a defense verdict for a national telecommunications carrier in a St. Louis County jury trial involving revenue sharing.
• Obtained a permanent injunction against a lessor who interviewed with a cell tower company’s right to use an easement.

• Presenter, “Recent Developments in Cryptocurrency,” in-house presentation, St. Louis, October 2022
• Presenter, “Brave New World: Strategies for Effective Objections to Written Discovery,” Bar Association of Metropolitan St. Louis, September 2020
• Presenter, “Demonstration of Closing Statement,” Trial Advocacy College at the University of Virginia School of Law, Charlottesville, Virginia, January 2019
• Presenter, “Developments in the Law,” Missouri Bankers Association Conference, October 2018
• Panelist, “Appellate Lawyering in the Trenches,” Bar Association of Metropolitan St. Louis, May 2017

• Instructor, National Trial Advocacy College at the University of Virginia School of Law. 2008-present
• Board member, Arts and Education Council of St. Louis
• Securities Industry and Financial Markets (SIFMA)
• The Bar Association of Metropolitan St. Louis