Senior Public Relations Manager
Senior Public Relations Manager
PILLSBURY LAWYERS CO-AUTHOR GUIDE TO COMMERCIAL LITIGATION IN FEDERAL COURTSJanuary 26, 2012
Bruce A. Ericson, Wayne C. Matus, Frederick A. Brodie and John E. Davis authored key chapters in Business and Commercial Litigation in Federal Courts, Third Edition, a legal reference recently published by Thomson Reuters' WEST and billed as the work of authors including "22 distinguished judges and the cream of the commercial litigation bar, the best lawyers practicing in the federal courts of this nation."
Noting that "there is no other book on commercial litigation in federal courts," the book's editor underscores that "there is also no other book that combines in-depth treatment of federal civil procedure with substantive law in the areas most commonly encountered by commercial litigators." A full summary of the book's contents and contributing authors is available at WEST's Web site.
Bruce A. Ericson, co-leader of Pillsbury's Securities Litigation Team and Managing Partner of the firm's San Francisco office, advises public companies, their boards and senior management in securities and corporate governance disputes of all kinds, including SEC and internal investigations. He also represents financial institutions in litigation and defends antitrust and unfair competition cases across diverse industries. In chapter 33, "Settlements," Ericson explains the importance and art of crafting and negotiating settlements to resolve litigation in practical and legal terms. He describes techniques for negotiating, documenting, enforcing and challenging settlements and offers a chronological approach to counseling clients on settlements at different stages of litigation, from before a complaint is filed to while a case is on appeal.
Frederick A. Brodie, a New York partner who represents clients in commercial litigation matters, including fiduciary and employee benefits disputes, authors chapter 94, "ERISA," covering the litigation of claims under the Employee Retirement Income Security Act of 1974, as amended (ERISA). He outlines the principal types of ERISA disputes that individuals and organizations confront, including claims for breach of fiduciary duty, unpaid benefits and retaliation. The chapter explains the important definitions, processes and impact of these and other issues.
Noting that trillions of dollars in U.S. retirement assets are controlled by employee benefit plans, Brodie explains why companies are increasingly confronting ERISA-related issues in plan administration, governance and compliance. He describes and explains the potential ERISA repercussions if a business suffers a sudden drop in stock value, if it is sold or restructured, if its shares in an employee stock option plan are voted in a contest for corporate control, or if a corporation and its executives disagree over promised benefits.
In chapter 115, “Information Technology,” Litigation partner Wayne C. Matus and counsel John E. Davis offer a comprehensive view of the technology issues that are increasingly the subject of complex business litigation. These issues include laws and disputes around the development and implementation of hardware and software systems and the negotiation of service agreements and outsourcing contracts. Matus and Davis explore technology’s applicability to many types of litigation, such as antitrust, insurance and IP cases, as well as more novel and emerging areas of technology. They describe issues with far-reaching legal consequences for U.S. and global businesses, such as the rise of cloud computing and emergence of new data privacy regulations and risks. Both attorneys counsel clients in Pillsbury’s Information Law & Electronic Discovery practice, led by Matus, in addition to speaking and writing extensively on e-discovery, commercial litigation, intellectual property (IP), records management, privacy and data security matters.
Pillsbury's firmwide team of approximately 200 litigators handles complex commercial cases, matters of substantial public interest, sophisticated technology disputes, and a wide variety of other assignments. Pillsbury offers the depth and breadth necessary to assist clients across industries in avoiding disputes and, when necessary, resolving disputes favorably and efficiently either by trial or settlement. Its attorneys' practices often involve large-scale, complex litigation with multiple parties, in multiple proceedings and forums.
About Pillsbury Winthrop Shaw Pittman LLP
Pillsbury is a full-service law firm with a keen industry focus on energy & natural resources, financial services, real estate & construction, and technology. Based in the world's major financial, technology and energy centers, Pillsbury counsels clients on global regulatory, litigation and corporate matters. We work in multidisciplinary teams that allow us to anticipate trends and bring a 360-degree perspective to complex business and legal issues—helping clients to take greater advantage of new opportunities and better mitigate risk. This collaborative work style helps produce the results our clients seek.