ProfessionalsErin J. Morgan
A partner in the Litigation Department, Erin Morgan specializes in complex civil litigation, with a particular focus on trial practice and arbitration. She has taken nine cases to trial or arbitration, winning favorable outcomes on behalf of leading corporations, financial institutions and investment managers.
Erin has represented clients across a range of industries, including industrial services corporations, leading technology companies, financial institutions, media companies and alternative investment managers in their most significant litigations and regulatory matters. Her practice primarily focuses on fast-moving and high-stakes arbitration and trial preparation, where she has demonstrated a proven ability to help craft winning litigation strategies and secure favorable outcomes for her clients.
Erin’s significant representations include:
Complex Commercial Disputes
- Qualcomm in a trademark infringement suit brought by British semiconductor and software design company ARM over its license agreement with Qualcomm subsidiary NUVIA.
- A supplier of in-flight internet connectivity to airlines worldwide in the settlement of a dispute with one of its satellite bandwidth suppliers who alleged that the supplier breached the parties’ services agreement because it failed to pay for bandwidth during several months in 2020.
- An automotive manufacturer in the successful resolution of a dispute relating to electric vehicle batteries.
- A manufacturer of commercial aircraft engines in a commercial dispute with a commercial airline in a mediation concerning the parties’ supply agreements, specifically concerning the appropriate allocation for liability arising from performance failures.
- The respondent/counterclaimant in a commercial dispute in the London Court of International Arbitration concerning a natural gas supply contract and related force majeure events.
- The claimant in a commercial dispute in a JAMS arbitration proceeding concerning the alleged misuse of proprietary data by the respondent in violation of a contract entered into between the parties under an FTC consent order related to a previous acquisition.
- The respondent/counterclaimant in a breach of contract dispute in a JAMS arbitration proceeding concerning an employee separation agreement.
Mass Tort & Product Liability
- JM Eagle, the world’s largest plastic pipe manufacturer, in a federal False Claims Act litigation brought on behalf of dozens of state and local water districts asserting $1 billion in potential damages in connection with the sale of its PVC pipe. At the conclusion of the first damages trial on behalf of five exemplar water districts, a federal district judge limited the plaintiffs’ recovery claims from $58 million to, at most, $1.2 to $2.1 million and declared a mistrial when jurors were unable to agree that the plaintiffs suffered any damages stemming from an earlier liability finding against JM Eagle.
- ACE Group Holdings (now Chubb) in the favorable settlement following jury selection of a long-running reinsurance litigation concerning the allocation of a nearly $1 billion underlying settlement of an asbestos insurance and bad faith case.
- FieldTurf USA, one of the largest suppliers in the artificial turf industry, in product defect and consumer fraud class actions related to the company’s sale of allegedly defective artificial turf products.
- A major global corporation in providing strategic advice regarding all aspects of the defense of multiple products liability trials brought in Pennsylvania state court that resulted in a complete defense verdict.
Mergers & Acquisitions Litigation
- Comtech Telecommunications in securing the favorable settlement of expedited Material Adverse Event litigation in the Delaware Court of Chancery that allowed for the termination of a major merger agreement.
- LVMH in securing the favorable settlement of expedited Material Adverse Event litigation in the Delaware Court of Chancery regarding its $16.2 billion acquisition of Tiffany & Co.
- The former members of the Special Committee of the Board of Directors of Pattern Energy Group, a California-based independent power company, in connection with two separate class actions brought in state and federal court asserting breach of fiduciary duty claims related to Pattern Energy’s $6.1 billion merger agreement with Canada Pension Plan Investment Board.
- Five individuals and several entities that sponsor and provide advisory services to non-traded real estate investment trusts in a lawsuit alleging numerous breaches of fiduciary duty and unjust enrichment.
- HPS Investment Partners, LLC on behalf of senior noteholders HPS Investment Partners in securing the resolution of disputes between HPS, an ad hoc group of junior noteholders, the Debtors, and other stakeholders in the Chapter 11 bankruptcy of LBI Media, Inc. with approximately $530 million in prepetition indebtedness.
- The holders of pass through certificates issued to finance two separate leveraged lease transactions of certain coal-fired power plants operated by GenOn Mid-Atlantic and NRG REMA, subsidiaries of GenOn Energy, one of the 10 largest wholesale power generation companies in the U.S., in GenOn’s restructuring efforts.
Erin has an active pro bono practice focused on family law matters and anti-hate cases. She is currently representing Washington D.C., alongside the Anti-Defamation League and the States United Democracy Center, as it seeks recovery against the Proud Boys and Oath Keepers for harm to police officers during the January 6 attack on the U.S. Capitol. She also represents the historic Metropolitan AME Church in a case against the Proud Boys for trespass and damage relating to the Church’s support of the Black Lives Matter movement. She previously represented a diverse group of 25 amici in filing an amicus brief in New York Appellate Court advocating for the expanded right to appointed counsel in child welfare proceedings.