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Professional background
Biography image

Eric S.Engel

Partnermoc.eniHnospmohT@legnE.cirE
Los Angeles

O 310.998.9100

Eric S.Engel

Partner

Focus Areas

Examples of Eric’s experience include:

  • Lead counsel in defense of fraud and securities claims arising from sale of business, obtaining full dismissal of all claims and receiving half million dollars in settlement of our client’s cross claims during jury trial.
  • Lead counsel for plaintiff in action for misappropriation of right of publicity, involving two jury trials, intervention and two appeals. Achieved trial judgment and three attorneys’ fee awards, plus two separate settlements that resolved three cases for a net recovery in seven figures.
  • Lead counsel for landlord in bench trial of complex litigation of commercial leases arising from sale of business, prevailing on all claims and obtaining attorneys’ fee award for a million-dollar judgment.
  • Obtained summary judgment against utility and design patent infringement claims for major personal care manufacturer and leading national resellers followed by attorneys’ fee award as an “exceptional case.”
  • Lead counsel for major personal care products manufacturer in multi-jurisdictional litigation with a putative partner who claimed ownership of half the multi-national business. Obtained complete dismissal of putative partner’s claims and an award of 7-figure attorneys’ fees against the claimant.
  • Lead counsel in jury trial resulting in $6.2 million judgment for sales representative who was refused his commissions. Judgment upheld on appeal in the first California precedent affirming right to treble damages for breach of sales commission contract.
  • Settled claims of commissioned sales representative deprived of commission and terminated after massive multi-phase projects of a multinational corporation and technology company were obtained by manufacturer in the sales rep’s territory.
  • Obtained first published decisions against a global e-commerce marketplace company and others establishing that gray market foreign-labeled goods infringe the U.S. trademark owners’ rights even if the contents are identical to U.S. goods.
  • Obtained first published decision establishing that it is a crime and unfair competition in California to possess or transact personal care products with manufacturers’ codes removed or altered.
  • Obtained published federal court decision that retailers can be liable for interference with contract for sales of diverted, decoded and counterfeit products.
  • Obtained first published decision in California establishing that the right of publicity is an assignable claim, and not preempted by U.S. copyright laws.
  • Litigated right of publicity claims of models used by a major social media company as the face of its brand, resulting in a favorable settlement despite the models having signed releases.
  • Successfully defended California Consumer Legal Remedies Act class action against a non-profit for false advertising, obtaining dismissal after defeating motion to certify a class.
  • Successfully prosecuted trademark infringement action for a charity, obtaining settlement surrendering defendant’s infringing trademark and domain name.
  • Defended customer claims against a contract manufacturer for misrepresenting product ingredients, achieving settlement and successful arbitration against insurer for net-zero loss to client.
  • Represented wholesale personal care products distributor in RICO litigation against an international manufacturer in a termination dispute and obtained a judgment and monetary recovery against the manufacturer.
  • Won arbitration award determining that a manufacturer did not need good cause or prior notice to terminate a distributor.
  • Represented food manufacturer in a multi-jurisdiction action to defend claims of misappropriation of trade secret recipes asserted by a former partner.
  • Prevailed in trial to judicial referee in food distributor’s requirements contract termination lawsuit against a major West Coast restaurant chain, leading to a favorable settlement.
  • Represented commercial building owners in litigation with a management company and insurer after owners suffered liability to tenant. Established that the insurer breached its duty to defend building owners, leading to a favorable settlement.
  • Established at trial that plaintiff had destroyed a computer and physical evidence, leading to dismissal of claims that a commercial machinery distributor had committed fraud and breached warranties in sale.
  • Defeated summary judgment motion by an American multinational investment bank and financial services holding company to enforce its standard loan guarantee, resulting in dismissal of guarantor for nominal settlement.
  • Prevailed on appeal of professional liability action, resulting in $4 million recovery against an international law firm.
  • Obtained steeply discounted settlement for partners in a Small Business Investment Company against claims by SBA for unfunded capital contributions.
  • Won arbitrations awarding transfers of ownership of a disputed internet domain name for trademark owners.
  • Prosecuted claims against national banks for negligence and banking law liability for negotiating embezzled checks written by manufacturer’s bookkeeper over several years, resulting in settlement that recovered all embezzlement losses.
  • Defended and settled contract interference and trade secret misappropriation when a telephone and data equipment reseller hired key employees from a failing business that was later acquired by a competitor.
  • Co-author, “Sales Reps Should Think About the End at the Beginning,” Agency Sales Magazine, September 2019
  • “Accord and Satisfaction: How to Avoid the Surprising Elimination of Your Claims for Unpaid Commissions,” Agency Sales Magazine, July 2019
  • “Trade Secret Protection Terms in Rep Agreements,” Agency Sales Magazine, November 2016
  • “Limiting the Risks of Restraint of Trade and Trade Secret Protection Terms in Rep Agreements,” Agency Sales Magazine, October 2016
  • “Prove It! Why Reps and Principals Need to Keep the Evidence,” Agency Sales Magazine, May 2015
  • Featured in “Fallout from an Oral Contract,” Agency Sales Magazine, January 2014
  • “Breach of Oral Contract, Treble Damages,” Los Angeles Daily Journal, August 13, 2013
  • Co-author, “Advertising and Marketing on Cable Television: Whither the Public Interest?” 31 Catholic University Law Review 227
  • “Emerging Legal Issues in Counterfeiting and Brand Protection,” Personal Care Products Council, November 2019
  • California Lobby Day advocate for Personal Care Products Council, 2018 & 2019 “Collecting from Principals,” Electronics Representatives Association Southern California Owner’s Forum, 2014
  • Short listed to “Rep-Savvy Attorneys” list by Manufacturers & Agents National Association’s (MANA) for sales and representative issues, 2014

Professional Associations

  • Los Angeles County Bar Association
  • Beverly Hills Bar Association

Education

  • George Washington University School of Law, J.D., 1982,
    with honors
  • University of California, Los Angeles, B.A., 1979,
    cum laude

Bar Admissions

  • California
  • District of Columbia

Court Admissions

  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Ninth Circuit