Eric J. Brenner
New York City
Area of Practice
New York University School of Law, J.D., magna cum laude, 1996; Order of the Coif; Note & Comment Editor, NYU Law Review
University of Pennsylvania, B.A., magna cum laude, International Relations, 1992; Benjamin Franklin Scholar
Eric Brenner is a member of the firm’s litigation group. His practice focuses on complex commercial litigation involving antitrust, securities, partnership, and intellectual property disputes. He has served as lead trial counsel in recent arbitrations under American Arbitration Association and FINRA rules that were tried to verdicts and resulted in judgments in favor of his clients. Significant matters in which Mr. Brenner has been heavily involved include the representation of:
- a major credit card network in a multi-district litigation raising antitrust challenges, including by the Department of Justice, to provisions of merchant contracts;
- hedge funds in appeals from an adverse verdict handled by other counsel imposing hundreds of millions of dollars of fraudulent conveyance and preference liability in connection with the bankruptcy of a major home builder;
- a major gaming company in an intellectual property dispute raising issues of first impression regarding the application of the Lanham Act to trademarks used outside the United States;
- a leading Brazilian private equity firm in defense of claims arising out of its management of more than $700 million of investment funds on behalf of a major U.S. bank and in connection with related corporate control contests involving litigation in Brazil, the Cayman Islands, and ICC Arbitration;
- a major cable provider in connection with an accounting scandal, the related governmental investigations and settlements, and the prosecution of several complex litigations involving billion dollar claims for securities fraud, RICO, and accountant malpractice, among other causes of action;
- a suit involving price fixing allegations against two major auction houses that resulted in a $512 million settlement that has been referred to as “the most outstanding result ... in the history of the antitrust laws,” In re Auction Houses Antitrust Litig., 2001 WL 170792, *6 (S.D.N.Y. Feb. 22, 2001);
- the class in a suit involving securities fraud allegations against a major foreign issuer of American Depositary Receipts that resulted in a $75 million settlement for class members;
- a high net worth individual in a securities fraud case against a major U.S. bank that resulted in a successful Second Circuit decision, Caiola v. Citibank, 295 F3d 312 (2d Cir. 2002), redefining a "security" to include synthetic options;
- a technology/network communications equipment corporation in the successful defense of class action securities fraud claims that were dismissed on summary judgment;
- a major telecommunications provider in connection with the investigation and defense of potential civil claims by the Securities and Exchange Commission;
- a major independent power producer in connection with litigation stemming from alleged violations of environmental regulations;
- a developer in connection with litigation filed by a major northeastern city challenging labor compliance issues;
- a partnership that helped develop a major U.S. casino resort in the successful defense of fraud and breach of fiduciary duty claims by a former partner that were dismissed on summary judgment; and
- a major technology company in litigation in federal court in the United States and in UNCITRAL Arbitration involving allegations of fraud in the development of information technology systems for one of the largest banks in the Czech Republic.
Mr. Brenner has also been actively involved in advising banks and hedge funds regarding litigation-related matters, including with respect to mortgage backed securities, CDOs, syndicated loans, and other investments. His op-ed, “How Big Banks Want to Game the Mortgage Mess,” was published in The Wall Street Journal on May 4, 2009. He also has been quoted regarding issues related to mortgage-backed securities in the Financial Times and The Hedge Fund Law Report.
Mr. Brenner’s pro bono work includes acting as co-counsel with the ACLU-Women's Rights Project in a case involving the rights of workers -- including immigrant workers without respect to their immigration status -- to rely on the protections of federal and state statutes like the Fair Labor Standards Act and Title VII.
Before joining Boies, Schiller & Flexner LLP, Mr. Brenner was an associate at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison.
Selected Professional Awards and Associations
American Bar Association
New York City Bar Association
BSF to Spearhead Defense of American Express in DOJ Suit (Firm Newsletter Spring 2011)
Legal Obstacles Overcome, $200M Deal Closed for Client Goldman Sachs (Firm Newsletter Spring 2011)
Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)
Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)
Firm Report: March 2006 (Vol. 1, Issue I) (03.01.2006)