Eric Seiler, a founder of Friedman Kaplan and the firm’s Managing Partner, is well known for his work in high-stakes complex commercial litigation, including in matters of first impression. He has a broad-based practice in federal and state courts which includes substantial, ongoing experience acting as lead counsel in significant jury and non-jury trials and arbitrations. His areas of focus include securities, complex contractual disputes, business torts, insurance, accountants' liability, antitrust, and employment litigation and arbitration. He also advises clients in connection with internal investigations.
- Representation of two money-center banks in connection with a multibillion-dollar dispute with a third bank arising out of the acquisition of one of our clients by the other during the financial crisis.
- Ongoing representation of Caesars Entertainment Corporation in defense of federal and chancery court lawsuits brought by various creditor groups alleging that certain transactions violated the terms of bond issuances and the Trust Indenture Act.
- Representation of one of the world's most prominent inter-dealer brokerage firms in eight consolidated FINRA arbitrations as well as in New Jersey state court in a follow-on five-month jury trial, one of the longest in the court’s history, defending against claims of "raiding" and other business torts.
- Representation of Silverstein Properties 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 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.
- Representation of HomeSide Lending, Inc., the U.S.-based subsidiary of National Australia Bank, in district court and on appeal in the Second Circuit in defense of Morrison v. National Australia Bank, a securities class action addressing the "foreign-cubed" extraterritoriality issue in a matter of first impression. The case was appealed to the U.S. Supreme Court and resulted in a unanimous decision in favor of our clients and their parent company, represented by Wachtell Lipton.
- Representation of a major media and merchandising company at trial in defense of claims of breach of a licensing agreement in New York Supreme Court, Commercial Division.
Outside the Office
Mr. Seiler is an active and enthusiastic member of the New York City community. He has been a member of the Board of Directors of the Union Square Partnership, a business association focused on improving development and quality of life in Union Square, since 1989, and served as the Board’s Co-Chair for many years. He is also a member of the Federal Bar Council, an organization dedicated to promoting excellence in federal practice and fellowship among federal practitioners in the Second Circuit.
Mr. Seiler is also active with the UJA-Federation of New York, which raises and allocates funds annually to fulfill a mission to "care for people in need, inspire a passion for Jewish life and learning, and strengthen Jewish communities in New York, in Israel, and around the world." He is a member of the Board and of the Federation’s newly-formed Network Optimization and Affiliation Committee. He previously served as the Chair of the Federation’s Lawyers Division, and of the Engaging Interfaith Families Committee.
Harvard Law School, J.D., magna cum laude (1982)
Harvard College, A.M., Economics (1982)
Harvard College, A.B., magna cum laude, Phi Beta Kappa (1978)
State of New York
U.S. District Courts for the Southern and Eastern Districts of New York
U.S. Courts of Appeals for the Second, Third, and District of Columbia Circuits
U.S. Supreme Court
The Honorable Milton Pollack, U.S. District Court for the Southern District of New York
Honors and Awards
Chambers USA, Band 2, New York, Litigation: General Commercial, 2013-present; Leading Individual, New York, Litigation: General Commercial, 2010-12
New York Super Lawyers List, 2006-present
Law Review and Publications
Articles Editor, Harvard Law Review
Antitrust and Nonprofit Entities, 94 Harv. L. Rev. 802 (1981)
Piece Rate vs. Time Rate: The Effect of Incentives on Earnings, Review of Economics and Statistics, Vol. LXVI No. 3 (1984)