Eric Kuwana is a litigation partner and a member of both the firm’s Board of Directors and its Diversity Committee.
Mr. Kuwana represents companies and individuals in high-exposure and high-profile disputes in federal and state courts throughout the country. In recent years, he has been trial or lead counsel for clients in commercial, trade secret and business tort cases; shareholder and securities lawsuits; product liability, premises and catastrophic tort cases; large real estate disputes; and sensitive political, constitutional and government regulatory litigation. As a seasoned trial lawyer and litigator, he brings a breadth of experience and utilizes effective strategies to help resolve his clients’ largest problems.
Mr. Kuwana 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. 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.
Mr. Kuwana often serves as lead trial counsel for companies and individuals facing high-risk, multimillion-dollar commercial, trade secret, product liability, premises, catastrophic tort, real estate and business tort disputes, and his trial experience extends to some of the riskiest, high verdict jurisdictions across the country. He concentrates on implementing effective and aggressive strategies to alter the dynamics of a case at any stage, and to obtain the best possible result for the client 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 casualty & property insurer.
Additionally, Mr. Kuwana has substantial experience in politics, and has represented and advised political parties and entities in federal court litigation, Congressional investigations, and elections. 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.
Mr. Kuwana has substantial work experience in 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 U.S. Department of Transportation. Prior to joining the firm, Mr. Kuwana was the Deputy Chairman of the Litigation Department and Chair of the Securities Litigation Practice at a large Washington, D.C.-based law firm.
Mr. Kuwana has been a national political commentator on Fox News Channel, and has spoken on trial tactics and tort and securities litigation at seminars and conferences. He also has spoken in national conferences on diversity issues in the legal profession. In addition, he has an AV Peer Review Rating by LexisNexis Martindale-Hubbell, and he is a member of the National Asian Pacific American Bar Association.
Mr. Kuwana’s representative matters include:
- In re Laureate Education Corporation (Baltimore County, Maryland). Lead counsel representing the Chairman and CEO and a member of the board of directors in the 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 has been reversed and remanded by the Court of Appeals.
- 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 biotechnology products.
- 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.
- Burks v. MRMG Asset Management (Dallas, Texas). Lead trial counsel in premises liability case arising from apartment involving multiple deaths. Case was tried to verdict.
- McConnell v. FEC (DDC). Represented Republican National Committee in historic litigation over the constitutionality of the Bipartisan Campaign Reform Act (McCain-Feingold Act).
- In re IPO Allocation Securities Litigation (SDNY). Lead counsel for former officers and directors of a bankrupt issuer in the multibillion-dollar, complex, consolidated securities fraud actions relating to the allocation of shares of stock in initial public offerings by issuers and underwriters.
- 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.
- Gifford v. Daniel’s Tire Service (Orange County, California). Lead trial counsel successfully representing company in product liability and catastrophic tort lawsuit involving a Ford Explorer rollover, quadriplegic injuries and request for high eight-figure damages. No verdict (hung jury) for plaintiff after three-month-long trial, and innovative settlement precluded any 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.