Eric Kuwana

Products Liability & Catastrophic Injury Litigation

• Lead trial and national coordinating counsel for four defendants – a national warehouse retailer, a manufacturer, and two supply-chain companies – in products liability cases in federal and state courts across 10 western states arising out of a large food borne outbreak and recall of an organic frozen berry blend. Plaintiffs’ counsel brought hundreds of individual cases and a consolidated class action with eight-figure exposure and many multiples of that in punitive damages. In the first bellwether trial, a lengthy products liability and wrongful death trial in Los Angeles Superior Court with punitive damages, the jury delivered a unanimous defense verdict in the defendants’ favor.
• Lead defense and trial counsel representing a tire company in a products liability and catastrophic tort lawsuit in state court involving an SUV rollover, quadriplegic injuries, a three-month trial, and a nine-figure exposure. The trial resulted in a hung jury, and an innovative settlement was negotiated while the jury deliberated, protecting the client from a second trial. (Orange County, CA).
• Lead trial counsel defending a publicly traded company at trial in a wrongful death action in state court arising from the death of a senior executive of a competitor. Obtained a defense verdict at the third and final trial of the matter after an eight-figure jury demand by a nationally known Florida plaintiff lawyer. (St. Petersburg, FL).
• Coordinating defense counsel in multiple wrongful death actions brought in state and federal courts against a publicly traded company arising out of an incident at a Louisiana manufacturing facility.
• Lead defense and trial counsel representing the owner and management group of an apartment complex in a premises liability and wrongful death case arising from a fire involving multiple deaths, code violations in an apartment where deaf residents resided, and a nine-figure jury demand in state court in Texas. The case was tried to verdict due to the high settlement demand, and the judgment against the clients was contained to the low single digits. (Dallas County, TX).
• Lead defense and trial counsel representing a bicycle helmet manufacturer and major retailer in a products liability and catastrophic tort lawsuit involving substantial brain injuries, a multiple-week trial, and an eight-figure jury demand. Obtained a defense verdict. (E.D. Cal.).
• Lead defense and trial counsel representing a manufacturer of safety lanyards in litigation involving paraplegic injuries at a construction site and a request for eight-figure damages. Won a defense verdict at the trial court. Also served as lead appellate counsel and argued and won the appeal in the Fourth Circuit. (E.D. Va., 4th Cir.).
• Lead counsel defending a maker of food storage, home storage, disposable cookware and tableware, and trash disposal products in an industrial accident involving traumatic brain injuries. The case was settled on favorable terms. (W.D. Va.).
• Lead trial counsel defending a company in a premises liability and catastrophic tort lawsuit in state court involving quadriplegic injuries from a swimming pool incident and a request for eight-figure damages. After a long trial, the plaintiff voluntarily dismissed with prejudice after a nominal jury verdict. (Fulton County, GA).
• Lead defense and trial counsel representing a publicly traded company in a catastrophic tort lawsuit involving a wrongful death claim and quadriplegic injuries with an eight-figure jury demand. Obtained a defense verdict after a two-week jury trial in state court in Miami-Dade County.

Securities Litigation & Investigations

• Lead defense counsel for a publicly traded California-based bank and its officers and directors in a shareholder securities class action and related derivative actions brought in federal and state courts in California with potential nine-figure exposure. The matter was settled on favorable terms.
• Defended the head of a hedge fund and former chairman of a publicly traded company in a breach of fiduciary duty trial brought in federal bankruptcy court, which was settled part way through trial and resulted in a favorable settlement with the bankruptcy trustee. (Bankr. E.D. Va.).
• Lead counsel representing the chairman and CEO, interested members of the board of directors, and the lead private equity firm in shareholder litigation relating to an almost $4 billion taking-private transaction by management and several private equity firms with nine-figure exposure. The case was dismissed with prejudice by the trial court, but after being reversed and remanded by the Court of Appeals of Maryland, the case was settled after confirmatory discovery in France.
• Lead defense counsel for a senior finance executive based in the United Kingdom and working for a multinational company facing SEC investigations, government investigations, and shareholder securities litigation. The matter was settled on favorable, nonpublic terms.
• Lead counsel representing an investment manager and its founder in civil litigation arising when the Ohio Bureau of Workers’ Compensation lost $215 million invested with a hedge fund. (S.D. Ohio).
• 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. (S.D.N.Y.).
• Lead counsel for officers and directors of a bank holding company in shareholder litigation in state court relating to its $1 billion purchase. The case was settled. (Las Vegas, NV).
• Lead counsel in fee disputes between investment banks and clients, including SPACs and public issuers.
• Lead counsel representing an investment manager and its founder in civil litigation brought by the SEC for securities fraud arising from its IPO (D. Md.).

Government Litigation & Investigations

• Lead counsel to the Bush-Cheney campaign relating to the congressional investigation over emails taken off White House servers by senior administration staff.
• Counsel to the Republican National Committee in historic litigation over the constitutionality of the Bipartisan Campaign Reform Act (McCain–Feingold Act). (D.D.C., DC Circuit, Supreme Court).
• Conducted an internal investigation of the domestic and international sales force of a technology company and presented findings to the board committee.
• Have represented both companies and individuals in SEC inquiries, investigations, and enforcement actions, including presentations and defense of witnesses in Washington, DC, and field offices.
• Lead counsel to a trade association in a federal court and administrative challenges to an emergency rulemaking to mandate new requirements for the delivery of propane across the country.
• Lead counsel defending the Presidential Inaugural Committee of President George W. Bush in constitutional litigation brought by protester groups. The case was settled on favorable terms. (D.C. Cir.).
• Lead counsel for public and private companies, audit committees, special committees, nonprofits, and political parties for nonpublic and confidential internal, external, and government investigations.