Erica S. Weisgerber is counsel in the Litigation Department whose practice focuses on a wide range of complex commercial litigation. She has extensive experience litigating class and individual actions addressing a range of issues and claims, including mass tort, antitrust, insurance, securities, and corporate governance issues. She has represented plaintiffs and defendants in all phases of the litigation process, from pre-complaint investigations and negotiations through trial and appeal, including clients in the retail, pharmaceutical, asset management, healthcare, technology, financial, and freight forwarding industries. She has successfully argued numerous dispositive motions and appeals.
Ms. Weisgerber’s most notable representations have included American Airlines and its insurance carrier in all litigation arising out of the September 11, 2001 terrorist attacks, Prudential Financial in securities class action and derivative lawsuits, and several defendants in federal and state court cases alleging price fixing. She currently represents defendants in several benchmark-related class actions, including the TIBOR and SIBOR-related litigation in the Southern District of New York.
Ms. Weisgerber also maintains an active pro bono practice and is a 2012 and 2013 recipient of The Legal Aid Society’s Pro Bono Publico Award for outstanding service to The Legal Aid Society and its clients. She has also been recognized as Empire State Counsel by the New York State Bar Association for her pro bono contributions. She has spoken and written on Rule 23 and Class Action Fairness Act issues.
Ms. Weisgerber is a member of the Bar of New York and is admitted to appear before the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Courts of Appeals for the Second, Third and Tenth Circuits, and the U.S. Supreme Court. Ms. Weisgerber is a member of the New York State Bar Association, for which she serves on the executive committee of the Antitrust Section. She also currently serves as Chair of the Antitrust Section’s Class Action Committee. She previously served on the executive committees of the New York State Bar Association’s Young Lawyers Section and the Commercial & Federal Litigation Section.
Ms. Weisgerber is also a member of the American Bar Association and is an active member of the ABA’s Antitrust Section and the Litigation Section. She is currently a Vice Chair of the Antitrust Section’s Legislation Committee and is co-editor of the Antitrust Section’s State Action Practice Manual. She is also a member of the American Bankruptcy Institute and the National Association of Women Lawyers, for which she serves as a Co-Chair of the NAWL’s Membership Committee. Ms. Weisgerber also serves as an editor-in-chief of the Debevoise Women’s Review.
Ms. Weisgerber joined the firm in 2008. From 2009 to 2010, she clerked for the Hon. Joseph Bianco of the United States District Court for the Eastern District of New York. Ms. Weisgerber received a J.D. magna cum laude from Georgetown University Law Center in 2008, where she was Order of the Coif and managing editor of the Georgetown Law Journal. She received a B.A. magna cum laude from Georgetown University in 2005.
- American Airlines and its insurance carrier in all litigation arising out of the September 11, 2001 terrorist attacks, including the crash of American Airlines Flight 11 into One World Trade Center.
- Prudential Financial and certain of Prudential’s present and former officers and directors, in securities class action and derivative lawsuits concerning the companies’ respective practices with regard to unclaimed life insurance benefits.
- Defendants in federal and state court cases alleging price fixing, including the TIBOR Antitrust Litigation and the SIBOR Antitrust Litigation.
- Verizon New York in successful litigation brought against certain Long Island municipalities defending Verizon’s ability to enter into agreements regarding the attachment of lechis to its utility poles.
- Plaintiff in federal court of Kansas asserting antitrust claims of tying and bundling against major distributors of medical supplies.
- Defendant in federal action in New York regarding purchasers of freight forwarding services against domestic and international freight forwarding companies, alleging conspiracy to impose surcharges in violation of Sherman Act.
- Various funds sued in “clawback” lawsuits following the leveraged buyout of Tribune Company.
- The D. E. Shaw Group and Madison Dearborn Partners, as holders of exchangeable notes and other claims against SunEdison, in a complex transaction related to the $2.4 billion sale of wind farm operator First Wind, and D. E. Shaw as a member of the official committee of unsecured creditors in SunEdison’s Chapter 11 proceedings in the U.S. Bankruptcy Court for the Southern District of New York.
- American Airlines as special aircraft counsel, in winning approval in bankruptcy court to repay $1.3 billion in debt without payment of a make-whole premium over the objection of the indenture trustees.
- La Paloma Generating Company, a California-based power producer, in its $524 million Chapter 11 proceedings in the U.S. Bankruptcy Court for the District of Delaware.
- Standard General in American Apparel’s Chapter 11 proceedings in the U.S. Bankruptcy Court for the District of Delaware.
- Numerous clients in obtaining antitrust approval of strategic transactions.
- TPG Capital and Welsh, Carson, Anderson & Stowe, with Humana, before the Federal Trade Commission in their $1.4 billion acquisition of Curo Health Services.
- Discovery Communications before the Department of Justice in its $14.6 billion acquisition of Scripps Networks Interactive.
- Beacon Health Strategies before the Federal Trade Commission in the antitrust aspects of a managed behavioral healthcare organization’s proposed acquisition of Value Options, Inc.
- International Paper in the antitrust aspects of its $4.3 billion acquisition of Temple-Inland.
- NCI Group, a manufacturer of insulated metal panels, before the Federal Trade Commission in the antitrust aspects of its acquisition of Metl-Span.
- Clayton, Dubilier & Rice and Brand Energy and Infrastructure Services before the Federal Trade Commission in the antitrust aspects of the merger of Brand Energy and Safway Group, forming the leading global industrial service business with over $5 billion in revenue.
- Georgetown University Law Center, 2008, J.D.
- Georgetown University, 2005, B.A.
- New York
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