Eric A. Kuwana

Eric Kuwana is the trial lawyer of choice for many companies and individuals in high-exposure and high-profile disputes in federal and state courts across the country. In recent years, Mr. Kuwana has been trial and lead counsel for clients in commercial, trade secret and business tort cases; shareholder and securities lawsuits; large real estate disputes; product liability, premises and catastrophic tort cases; and sensitive political, constitutional and government regulatory litigation. He is a member of the firm’s Board of Directors and its Diversity Committee.

Mr. Kuwana brings a breadth of experience and utilizes cutting-edge technology, multi-disciplined teams, and innovative and cost-effective strategies to help resolve his clients’ largest problems. Whether in multimillion-dollar commercial, trade secret, product liability, premises, catastrophic tort, real estate or business tort disputes, he knows how to try a case to win, and his trial experience extends to some of the riskiest, high verdict jurisdictions across the country. He has proven successful in implementing aggressive and value-oriented litigation strategies to alter favorably the dynamics of a case at all stages, and to obtain the best possible result for clients whether in settlement or trial. Outside of the courtroom, Mr. Kuwana has worked extensively with clients to quickly and accurately evaluate litigation and other risks that may impact the pricing or viability of a transaction, and to find creative solutions to mitigate those risks and avoid litigation. His success at trial in defending against complex, high-risk actions has led to his being named to the select group of national trial counsel for a major property and casualty insurer.

Mr. Kuwana also regularly represents companies, their officers and directors, and board committees in complex shareholder, securities, derivative, SEC enforcement, internal investigations and other “bet-the-company” matters, and counsels private equity firms and hedge funds on direct and portfolio company litigation. With a degree in economics, he works hard to understand the client's business, its industry, its competitors, and the market forces and transactions at issue in the litigation. Mr. Kuwana is a firm believer that internal investigations can be measured and reasonable in their approach and duration, and while often mandatory in nature, they do not have to become impediments to ongoing business objectives. His experience and success in shareholder, securities and class action litigation have led to his being named to the select group of panel counsel for the largest D&O insurer in the nation.

Additionally, Mr. Kuwana has extensive experience in politics, and has represented and advised political parties, individuals and companies in government litigation, regulatory challenges, congressional investigations, enforcement actions, government subpoenas and politically charged disputes. He has substantial prior work experience within the federal government, including positions as an attorney in the White House, Office of Counsel to the President, under President George H. W. Bush, and in the US Department of Transportation. He served as the Deputy General Counsel of the Presidential Inaugural Committee for the 2001 Inauguration of President George W. Bush, and worked on constitutional and other legal issues for the President’s 2005 Inauguration. He also served as a counsel to the Platform Committee at the Republican National Conventions in 2000 and 2004, and has represented the Republican National Committee, the National Republican Senatorial Committee, the National Republican Congressional Committee and the Bush-Cheney ’04 campaign in various high-profile matters throughout the years.

Prior to joining the firm, Mr. Kuwana was the Deputy Chairman of the National Litigation Department and Chair of the Securities Litigation Practice at a large Washington, D.C.-based law firm, and he has held other senior management positions at Katten as well as at his former firm. He has provided political and legal commentary on Fox News Channel as well as CBS News, and has spoken on and taught trial tactics and tort and securities litigation at seminars and conferences throughout the country. Mr. Kuwana regularly speaks at national conferences, regional meetings and in-house panels on diversity issues in the legal profession. In addition, he has been honored by receiving the highest Peer Review Rating by LexisNexis Martindale-Hubbell (AV).

Representative Experience

• In re Laureate Education Corporation (Baltimore County, Maryland). Lead counsel representing the Chairman, CEO, interested members of the board of directors and the lead private equity firm in shareholder litigation relating to the almost $4 billion “taking private” transaction by management and several private equity firms. Case was dismissed with prejudice by the trial court, but after being reversed and remanded by the Court of Appeals, motions to dismiss are pending again at the trial court. Case successfully settled.
• Neustar v. Afilias et al. (Loudoun County, Virginia). Lead trial counsel in misappropriation of trade secrets litigation where preliminary and permanent injunctive relief was obtained successfully on behalf of client. Case successfully settled.
• U.S. Home v. Settlers Crossing LLP et al. (DMD). Lead trial counsel for lender and, after foreclosure, now land owner in large, nine-figure real estate purchase contract dispute with major national homebuilder. Case pending.
• JPMCC 2002-CIBC4 Highland Retail LLC v. American General Life and Accident Insurance Company (WDTX Bankruptcy Court). Lead counsel for AIG in dispute arising from a ground lease at the Highland Mall in Austin, Texas. On motion, the entire bankruptcy was dismissed.
• In re IPO Allocation Securities Litigation (SDNY). Lead counsel for former officers and directors of a bankrupt issuer in multibillion-dollar complex, consolidated securities fraud actions relating to the allocation of shares of stock in initial public offerings of technology companies by issuers and underwriters.
• In re Commercial Capital Bancorp Inc. (Las Vegas, Nevada). Lead counsel for officers and directors of bank holding company in shareholder litigation relating to the $1 billion purchase by Washington Mutual. Case was successfully resolved prior to transaction.
• Becton Dickinson & Company v. Fujisawa Pharmaceuticals (San Diego, California). Lead counsel successfully representing company in international trade secret and tortious interference lawsuit relating to licenses for intellectual property and enforcement of intellectual property rights for biotechnology products.
• McConnell v. FEC (DDC, DC Circuit, Supreme Court). Represented Republican National Committee in historic litigation over the constitutionality of the Bipartisan Campaign Reform Act (McCain-Feingold Act).
• International Action Center v. 2001 Presidential Inaugural Committee (DDC). Lead counsel in defense of the Presidential Inaugural Committee of President George W. Bush in constitutional litigation brought by protester groups. Case was successfully settled.
• Charter Jet Travel LLC v. NCA Maxjet, Inc. (EDVA). Lead counsel for former COO of company in civil fraud and breach of contract case, which was successfully settled.
• DeRycke v. Packaging Corporation of America (St. Petersburg, Florida). Lead trial counsel successfully defending a publicly traded company in a wrongful death action arising from the death of a senior executive of another company. Defense verdict at third and final trial of the matter after a jury demand in the eight figures by a nationally known Florida plaintiff lawyer.
• Lucas v. Pactiv Corporation (WDVA). Lead counsel defending maker of Hefty products in industrial accident involving traumatic brain injuries. Case was successfully settled.
• Burks v. MRMG Asset Management (Dallas, Texas). Lead trial counsel in premises liability case arising from apartment fire involving multiple deaths with nine-figure exposure. Case was tried to verdict.
• Pritt v. Elk River Inc. (EDVA/4th Circuit). Trial counsel successfully representing manufacturer of safety lanyards in litigation involving paraplegic injuries at a construction site and a request for eight-figure damages. Defense verdict at trial, and argued successfully the appeal in the U.S. Court of Appeals for the 4th Circuit.
• Probkevitz v. National Dairy (Miami-Dade, Florida). Lead trial counsel successfully representing large national dairy company in catastrophic tort lawsuit involving wrongful death claim and quadriplegic injuries. Defense verdict in first trial, and after appeal, a second trial is pending.
• Gifford v. Daniel’s Tire Service (Orange County, California). Lead trial counsel successfully representing company in three-month product liability and catastrophic tort lawsuit involving a Ford Explorer rollover, quadriplegic injuries and the potential for nine-figure damages. No verdict (hung jury) for plaintiff, and innovative settlement protected the client and precluded any jury award or second trial for plaintiff.
• Chesla v. Post Properties (Fulton County, Georgia). Lead trial counsel successfully representing company in premises liability and catastrophic tort lawsuit involving quadriplegic injuries from a swimming pool incident and a request for eight-figure damages. After a long trial, plaintiff voluntarily dismissed with prejudice, and an extremely favorable settlement was obtained on behalf of defendant.
• Stacy v. Protective Technologies Inc. (EDCA). Lead trial counsel successfully representing bicycle helmet manufacturer and major retailer in product liability and catastrophic tort lawsuit involving substantial brain injuries and eight-figure damages. Defense verdict.

Recent Speeches and Publications

• “What General Counsels Want from Outside Counsel,” Moderator and Panel Member, NAPABA Annual Conference, Los Angeles (November 2010)
• “Courtroom Technology—When to Use, When Not to Use, What to Use, What Not to Use...,” Chair and Panel Member, Southeast Regional Annual NAPABA Conference, Williamsburg, Virginia (May 2010)
• “Developing Your Own Trial Style—Finding Themes, Personality and Technology to Fit Your Case,” Panel Member, NAPABA Annual Conference, Boston (November 2009)
• “The Talent Hunt: Defining and Identifying Highly Qualified New Recruits,” Panel Member, Minority Corporate Counsel Association Annual Conference, New York (November 2009)
• “Analyzing Class Certification Issues in Securities Litigation,” Chair and Panel Member, IQPC 5th Securities Litigation Conference, New York (November 2008)
• “The Federal Preemption Battle Has Just Begun,” Law360 (October 24, 2008)
• “Reviewing Recent Developments in Securities Litigation,” Panel Member, IQPC 4th Securities Litigation Conference, New York (May 2008)