Eric S. O'Connor

Eric O'Connor is an associate in the Business Trial and Antitrust Practice Groups in the firm's New York office.

Areas of Practice

Mr. O'Connor specializes in complex litigation, with particular expertise in antitrust, intellectual property, unfair competition, and class actions.  He has first-chair trial experience in federal court, including a successful trial to verdict in a copyright matter.  Mr. O’Connor's practice includes all forms of Alternative Dispute Resolution, focusing particularly on international arbitration and also is a Court-appointed Mediator for the U.S. District Court for the Southern District of New York and an Arbitrator for the Civil Court of the City of New York Commercial Claims.

Mr. O'Connor also is the author of a comprehensive chapter on U.S. antitrust and federal civil procedure in International and Comparative Competition Litigation, a treatise comparing the competition laws in over 20 jurisdictions world-wide.  The treatise will be published by Kluwer Law International in the Spring of 2012.

Education

• J.D., University of California, Los Angeles, 2002
• B.A., Duke University, 1998, cum laude

Admissions

• New York, 2006
• California, 2002
• U.S. Court of Appeals for the Second and Ninth Circuits
• U.S. District Courts for the Southern and Eastern Districts of New York
• U.S. District Courts for the Central and Northern Districts of California

Lead trial attorney for a modeling school in a two-week federal jury trial involving copyright infringement. Won a directed verdict as to most of the works and damages, and ultimately received a very favorable jury verdict. Hudson v. Casablancas (S.D.N.Y 2006-2008).

Antitrust counsel for international electronics companies defending IP-related antitrust claims in multi-billion dollar litigation with Rambus. Rambus Inc. v. Micron Technology, Inc., et al. (2007-2010).

Representing international electronics companies in criminal and civil price-fixing actions concerning thin film transistor liquid crystal display products. In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827 (2008-present).

Representing leading online loan and realty service in civil price-fixing and market allocation action concerning the internet-based consumer banking marketplace. BanxCorp v. Dow Jones & Co., Inc., et al. (D. N.J. 2011-present).

Defended international electronics companies in civil price-fixing class actions and related U.S. DOJ and foreign enforcement agency proceedings regarding static random access memory chip products. In re SRAM Antitrust Litig., MDL No. 1819 (2007-2011).

Obtained dismissal, with no payments to plaintiff, of a kitchen-sink intellectual property complaint against a media company and its partners. Name Vault, LLC et al. v. Lib eration Entertainment, et al. (D. N.J. 2007-2008).

Represented a manufacturer of OTC pharmaceutical and nutritional products in a four week false advertising jury trial. Helped obtain full defense jury verdict and monetary damages on counterclaims. Rexall Sundown Inc. v. Perrigo (E.D.N.Y. 2010).

Represented Cartier and Panarei in action against gray market retailer. Cartier International AG v. Philippe's Watches (C.D. Cal. 2011).

Defended leading theater operator and national real estate developer against trademark infringement claims. Case settled after denial of plaintiff's TRO motion. 10th Avenue Hospitality v. AMC Entertainment (S.D.N.Y. 2010).

Defended an internet advertising company in multidistrict nationwide direct and class action attacks on company’s internet advertising business model pursuant to the copyright, trademark, and state unfair competition laws.

Represented indigent defendant in a civil rights litigation for a high-stakes evidentiary hearing, appeal to the Florida Supreme Court, and federal habeas appeal.

Obtained injunctive relief at international arbitration on behalf of a major international financial institution for the breach of confidentiality and non-disparagement provisions. Later defeated a temporary restraining order and won a dismissal in a related litigation.

Represented a multinational electronics corporation in an international arbitration concerning an advanced technology distribution, patent, and licensing agreement.

Represented marketing company in month-long trial regarding breach of joint marketing and agency agreement and fraud. Benefits Consultants, Inc. v. American Bankers Ins. Co. of Fl. (Chancery Court, Tenn.).

Successful Summary Judgment in Lieu of Complaint in New York Superior Court based upon a $5 million promissory note. At oral argument, obtained judgment for the full value of the promissory notes, our attorneys’ fees, and dismissal of defendants’ counterclaims. Robinson Reed v Granco Clark (N.Y. Sup.).

Represented major foreign financial institution in an internal investigation and related RICO class action litigation.

Represented hotel managers and owners in arbitrations and litigations concerning the termination of hotel management agreements.

Obtained a favorable settlement against operator of several nuclear power plant stations based upon claims for breach of contract and liens. Thermal Engineering International v. Entergy Nuclear Indian Point (N.Y. Sup.).

Successfully defended a national retail chain at trial in an unfair practices class action based upon alleged excess collection of sales tax reimbursements when merchandise certificates distributed pursuant to a rewards program were redeemed. Westrup v. Nordstrom, Inc. (C.D. Cal.).

Drafted Terms of Service Agreement and Privacy Policy for online community website, and drafted a Release of Liability Form for an online sporting company.

Honors

• In 2007, Mr. O'Connor received the Sheppard Mullin Richter & Hampton Pro Bono Attorney of the Year Award for his outstanding commitment to working in the community and providing legal services to the indigent.

Memberships

• Court-appointed Mediator, U.S. District Court for the Southern District of New York
• Arbitrator for the Civil Court of the City of New York Commercial Claims
• Founder and member of the Board of Trustees for proposed DaVinci Charter School of Hoboken
• Member, Intellectual Property Committee of the Antitrust Section, American Bar Association
• Member, Horizontal Restraints Committee of the Antitrust Law Section, New York State Bar Association

Articles

• “ABA Antitrust Section Intellectual Property E-Bulletin," Contributing Author, May 2012 – present

Antitrust Law Blog Articles

• "New York Federal Court Holds That Meetings Related To Drafting Arbitration Clauses May Be Probative Of Antitrust Conspiracy Despite Decision Makers' Lack Of Knowledge," February 21, 2012
• "Prevailing Antitrust Defendants Recover $367,000 in e-Discovery Costs," May 24, 2011
• "Supreme Court Rejects Single Entity Treatment for the National Football League's Licensing Activities," August 3, 2010

Class Action Defense Strategy Law Blog Articles

• "Second Circuit Rejects the Use of "Aggregate Proof" of Causation in a Putative Consumer Class Action," October 15, 2010

• "NYC Condo Refinance Collapses Because There Was No 'Meeting of the Minds'," July 6, 2011
• "Yelp! Wins Dismissal of Claims for New York Deceptive Acts and Practices and Defamation Based upon Alleged Manipulation of User Reviews," November 29, 2010
• "Motion to Dismiss Based Upon Forum Non Conveniens Denied, Despite Presence of Foreign Defendants and Application of Foreign Laws," August 9, 2010
• "Worldwide Economic and Credit Crisis Does Not Provide a Basis to Force a Renegotiation of Loan Documents," June 9, 2010

Speeches

• Presented a MCLE program entitled "Social Networking Websites: The Emerging Litigation Tool, Strategies for Using Facebook, Google, and Other Online Content in Litigation Practice."
• Presented a MCLE program entitled “Managing a Litigation.”