Eric Schwartz

ERIC SCHWARTZ is a commercial litigation lawyer with particular experience handling complex business disputes such as theft of confidential information, breach of fiduciary duty and duty of loyalty, misappropriation of corporate opportunities, unfair competition, breach of contract, fraud and other business torts, as well as consumer class action and product liability claims. Eric also has experience handling disputes that commonly impact private equity firms and their portfolio companies, such as earn-out disputes, purchase price adjustments and indemnification claims. Eric has further significant experience litigating intellectual property disputes, including alleged copyright violations and breach of implied-in-fact contract.  

Eric is well-versed in all phases of litigation in both state and federal courts and in arbitration, including significant trial experience. He has helped his clients obtain successful outcomes in numerous jury and bench trials, as well as arbitration hearings. Eric represents clients in diverse industries, including private equity, banking, media and entertainment, healthcare, cosmetics, food and beverage, real estate, telecommunications, insurance, and aeronautics and electronics manufacturing. 

Eric earned his J.D., cum laude, from the University of California, Hastings College of the Law, where he served as the executive editor of the Hastings Law Journal. He received his A.B. in public policy from Stanford University. Eric was recognized as a “Rising Star” for Business Litigation in Super Lawyers from 2014 through 2020.

Representative Trial Experience 

• Counsel for mortgage bank that obtained a US$25 million jury verdict in a data theft and fraud case against its former employees and a competing mortgage bank after a multi-week jury trial.
• Counsel for consumer health products company that secured a mistrial after a six-week jury trial of claims that client’s talcum powder caused the decedent plaintiff’s ovarian cancer.
• Trial counsel for international distributor of aeronautics components in a breach of contract case against manufacturer, resulting in a complete victory and award of lost profits after multi-day arbitration hearing.
• Trial counsel for real estate investment firm defending against claimed violations of rights of first and second refusal, resulting in complete defense verdict after bench trial.
• Trial counsel for plaintiff movie producer in breach of contract action, resulting in complete victory and award of attorneys’ fees after bench trial.
• As lead trial counsel, secured a successful award of asylum for client and her children after a multi-day evidentiary hearing in immigration court.
• Counsel for major film studio in case alleging that the studio breached an implied-in-fact contract agreeing to pay plaintiff for ideas he allegedly pitched in connection with a highly successful film, resulting in a complete defense verdict after a multi-week jury trial.

Other Representative Experience

• Representing a data network designer in restructuring including litigating a contested $60 million cure dispute, the resolution of which reduced the cure amount for assumption of the license to zero, netted $20 million for the Debtors’ estates in the form of a buyout arrangement, and eliminated the remaining gating item to a successful confirmation.
• Representing a leading global investment manager in highly contested bankruptcy proceeding in C.D. of California, including contested plan confirmation, as well as related adversary proceedings in LA Superior Court.
• Representation of client in Delaware litigation relating to earn-out and indemnification claims arising out of client’s sale of software company.
• Representation of private equity founders against allegations that they, acting as board members of a portfolio company, improperly failed to consent to the sale of a former executive’s shares of the portfolio company.
• Achieved a favorable settlement on behalf of a private equity firm’s portfolio software company in connection with indemnification and fraud claims relating to a target company’s failure to disclose the termination of a material contract.
• Defended real estate investment firm against claims that it failed to honor purported tag along rights owned by minority LLC member.
• Defended electronics manufacturer against claim that it was liable for failing to invest capital and effort necessary to trigger earn-out provisions in asset purchase agreement.
• Represented an international food and beverage company in a case involving misappropriation of confidential information by a former employee acting in conspiracy with a competitor, resulting in a full recovery of the stolen data and a final judgment permanently enjoining future theft and unfair competition.
• Successfully defended major studios against claims of copyright infringement in connection with television shows and feature films.
• Represented commercial lender in IFTA arbitrations against defaulting film distributors, resulting in favorable summary judgment rulings.
• Obtained dismissal at the pleading stage of putative national class claims asserted against major automotive manufacturer.
• Obtained dismissal at the pleading stage of putative class action against provider of home water remediation services.
• Successfully defended major national banks and healthcare companies against claimed violations of the False Claims Act.

*Some of the above matters were handled prior to joining Sidley.

• Member, American Bar Association

Eric maintains an active pro bono practice representing clients in cases involving immigration rights, domestic violence and death penalty appeals. Representative achievements in this area include a successful award of asylum for Eric’s client and her children after a multi-day evidentiary hearing in immigration court, at which Eric served as lead counsel. In 2011, Eric and his colleagues received a Pro Bono Service Award from the California State Bar in the team category for their work with Public Counsel’s Immigration Rights Project.