Eric N. Whitney principally represents retail and investment banks, non-bank financial institutions, investment funds and managers and securities issuers in a wide range of significant litigation, class-action and regulatory matters. Mr. Whitney advises both companies and individuals in complex, high-stakes commercial litigation and arbitration matters, internal investigations and appellate proceedings involving corporate and asset-backed securities, commercial contracts, corporate governance and intellectual property, as well as in SEC, FINRA, CFPB and other regulatory investigations and actions. He has experience with disputes concerning corporate finance and commercial real estate transactions, consumer finance and banking, mortgage banking and servicing, credit cards, patents, trade secrets and copyrights, antitrust and bankruptcy. Mr. Whitney has tried jury, non-jury and arbitration cases to decision and argued evidentiary and other hearings in state and federal courts throughout the country.
From 2000-2004, he served as Senior Vice President and General Counsel to NextJet Technologies, where he initiated and oversaw all of the company’s legal activities, including corporate governance, securities, regulatory compliance, litigation, commercial transactions, intellectual property and board matters.
· Leading investment banks and affiliates in RMBS, CDO and mortgage litigation matters filed by monoline bond insurers, investors and trustees pending in state and federal courts in New York, Florida, California and Texas.
· Leading issuer of private guaranteed student loan-backed securities in ABS-related litigation and disputes with investors and trustees.
· Florida-based regional bank in adversary proceedings relating to Synthetic CDOs and CDS with Lehman Brothers’ bankruptcy estate.
· Startup social networking company in litigation involving theft of trade secrets, and computer fraud and abuse claims.
· California-based consumer and mortgage lender in civil enforcement litigation filed by multiple state Attorney Generals.
· Boutique investment bank in litigation relating to a failed private loan placement and misappropriation of funds by a fraud ring, as well as related criminal investigations.
· National mortgage originators and servicers in predatory lending, wrongful foreclosure, disclosure and servicing-related litigation matters.
· Dallas-based travel aggregator in litigation filed by American Airlines.
· Leading New York quotation service in a patent-infringement action filed in the Eastern District of Texas, obtaining complete dismissal of claims.
· Major Las Vegas casino in litigation filed by a customer to recover US$14 million in gambling losses incurred while on Parkinson’s medication, obtaining complete dismissal of novel claims.
· Texas-based real estate developer in litigation against a limited partner relating to a Honolulu mixed-use development property.
· Major soft drink manufacturer in litigation against a national pizza franchise relating to early termination of a beverage supply contract.
· Major snack food manufacturer in disputes with baking equipment manufacturers and in connection with government seizure of funds misappropriated from a national grocery chain.
· Leading New York investment bank in SEC civil injunction and enforcement proceedings relating to a failed emerging markets investment fund and in litigation with a former executive.
· Senior bondholder in litigation by unsecured creditors challenging the confirmed bankruptcy plan of National Gypsum, Inc.
· Major soft drink company in multiple litigation and arbitration matters involving employment discrimination, termination and severance disputes with senior executives. Obtained summary dismissal of discrimination and ERISA claims, and take-nothing defense findings in multiple arbitrations.
· Several Wall Street investment banks and broker/dealers in SEC civil injunctive actions, private civil actions, prime brokerage disputes and NASD arbitration proceedings involving both customers and employees.
· Leading semiconductor, telephone switching and financial services companies in trade secret, non-compete and employee raiding litigation matters, including obtaining and defending against injunctions in state and federal court and trying to verdict multiple theft-of-trade secrets and non-compete cases.
· National banks and consumer lenders in state and national putative and certified class action lawsuits in New York, Texas, California, Tennessee and Arizona involving claims of predatory lending, violations of consumer protection laws, fraud and unfair business practices, as well as government forfeiture proceedings and regulatory investigations.