Eric Epstein

Experienced litigator Eric Epstein focuses his practice on the representation of U.S. and international financial institutions in litigation and regulatory matters. Eric is the lead author of the American Bar Association treatise The Bank Examination Privilege.

The treatise explains the federal and state laws that help preserve the confidentiality of bank examination reports when banks litigate civil claims. Eric has spoken on the topic of the bank examination privilege to the Conference of State Bank Supervisors, the American Bar Association and many other organizations.

Eric has first-chaired bench and jury trials in both federal and state court. He has helped financial institutions in debt-collection matters and in responding to civil claims under federal laws such as the Fair Housing Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Telephone Consumer Protection Act and Anti-Terrorism Act.

He has also represented financial institutions in regulatory proceedings before the Consumer Financial Protection Bureau and other federal and state agencies.

REPRESENTATIVE EXPERIENCE :

• Defended residential mortgage lender in civil action through conclusion of bench trial, resulting in judgment in favor of lender on Fair Debt Collection Practices Act claim. (WMC Mortgage LLC v. Baker, U.S. District Court, Eastern District of Pennsylvania).
• Defended residential mortgage lender in civil action through conclusion of jury trial, resulting in judgment in favor of lender on statutory and common-law fraud claims. (Miano v. Emigrant Mortgage Company Inc., Superior Court of New Jersey).
• On behalf of residential mortgage lender, obtained dismissal of housing discrimination complaint in proceedings before U.S. Department of Housing and Urban Development.
• Defended global Chinese bank in high-profile lawsuit alleging terrorist financing. (Wultz v. Bank of China, U.S. District Court, Southern District of New York).
• On behalf of lending institution, obtained dismissal of Telephone Consumer Practices Act claim in American Arbitration Association proceeding related to consumer loan.

EDUCATION :

• J.D., Columbia University School of Law, 2003
• B.A., The College of New Jersey, 1999

ADMISSIONS : New York

COURTS :

• The U.S. Supreme Court
• U.S. Court of Appeals for the Second Circuit
• U.S. District Court for the Eastern and Southern Districts of New York