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Litigation Department

7 Times Square
New York, NY 10036-6516
Tel: (212) 833-1103
Fax: (212) 373-7903

Eric Seiler

Eric Seiler is a partner based in our New York office. He has substantial, ongoing experience acting as lead counsel in significant jury and non-jury trials and arbitrations. He specializes in complex federal and state court litigation, securities litigation, insurance litigation, copyright litigation, accountants' liability litigation, antitrust litigation, and commercial and employment litigation and arbitration. He also advises clients in connection with internal investigations.

His recent work includes:

  • Representation of Wells Fargo and Wachovia in connection with a multibillion dollar dispute with Citigroup arising out of the acquisition of Wachovia by Wells during the financial crisis. When the acquisition by Wells was announced, Citigroup obtained a temporary restraining order to block the transaction and sought $80 billion in damages. Within 36 hours, on a Sunday, Mr. Seiler and the firm were able to convince the appellate court to vacate the TRO, allowing our clients to proceed with the acquisition. Mr. Seiler and the firm later argued that the exclusivity agreement was unenforceable under Section 126(c) of the Emergency Economic Stabilization Act - a newly passed statute that at the time of our case had never been addressed by any court. In a matter of first impression, Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York held that the exclusivity agreement was unenforceable;

  • Ongoing representation of Caesars Entertainment in defense of litigation by second-lien bondholders alleging that capital markets transactions intended to deleverage the company violated the terms of certain bond issuances;

  • Representation of Sony Electronics Inc. in defense against $200 million in claims by the trustee of the Circuit City Liquidating Trust alleging preferential transfer, breach of contract, unjust enrichment, and other claims. This matter reached a favorable settlement on the eve of trial in the fall of 2014;

  • Representation of one of the world's most prominent inter-dealer brokerage firms in eight consolidated FINRA arbitrations, defending against claims of "raiding," unfair competition, breach of non-competition and non-solicitation agreements, misappropriation of trade secrets, and other business torts. The merits hearings spanned over a year and a half, during which more than 70 witnesses were called to testify. The Panel ultimately awarded plaintiffs a fraction of the damages they sought, and awarded significant damages to the employees hired by the client. Most recently, Mr. Seiler and the firm represented the client in a follow-on five month jury trial that settled favorably in January of 2015 after the court dismissed that plaintiff's core racketeering claim following the close of evidence;

  • Representation of Silverstein Properties and 7 World Trade Corporation in a series of insurance, contract, and tort disputes arising out of the collapse of the 7 World Trade Center building on September 11, 2001. This representation resulted in the successful resolution of all litigation following the collapse, including the grant of summary judgment in favor of defendants in a long-running suit by Con Edison concerning the design and construction of the building, which was affirmed by the Second Circuit Court of Appeals;

  • Representation of Martha Stewart Living Omnimedia Inc. in defense of claims of breach of a licensing agreement by Macy's in a two-year litigation that included multiple preliminary injunction motions and a six-week bench trial in the Commercial Division of New York State Supreme Court. Mr. Seiler and the firm defeated Macy's mid-trial preliminary injunction motion seeking to block the sale of products by JCPenney under a different brand name, and the matter ultimately resulted in a favorable settlement for our client; and

  • Representation of audit committees, special committees, and entities in connection with confidential and expedited internal investigations of accounting, fraud, and other issues.

Mr. Seiler graduated magna cum laude with highest honors in economics and Phi Beta Kappa from Harvard College in 1978; he received a master's degree in economics from Harvard and then graduated magna cum laude from Harvard Law School in 1982. He served as Articles Editor of the Harvard Law Review and is the author of Note, Antitrust and Nonprofit Entities, 94 Harv. L. Rev. 802 (1981). Mr. Seiler also published, in 1984, an article in the Review of Economics and Statistics titled Piece Rate vs. Time Rate: The Effect of Incentives on Earnings. He clerked for The Honorable Milton Pollack of the U.S. District Court for the Southern District of New York.

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