Eric A. Herzog

Eric Herzog’s practice involves a wide range of complex litigation, including class actions, unfair business practices, trade secret misappropriation, insurance and securities litigation.

He has substantial experience in defending class actions brought under California's Unfair Competition Law and Consumers Legal Remedies Act. In the banking and securities areas, he has represented and advised banks and broker-dealers in federal and state court litigation, FINRA arbitrations and regulatory matters.

Also actively involved in the community, Eric serves as a Board Member of Inner City Law Center, with which he has been co-counsel in significant tenants' rights litigation. He is also a fundraiser and volunteer for the ALS Association Orange County Chapter.

Eric’s representative experience includes:

• Secured the dismissal of numerous representative, class and complex actions under California's Unfair Competition Law on the pleadings, and defended these dismissals on appeal, including representing a national insurance company in a putative nationwide class action alleging improper claims handling practices and procedures in uninsured/underinsured motorist claims
• Defeated class certification, including prevailing on appeal, in a case involving a million-member putative class of life insurance policyholders in which plaintiffs alleged that their policies had been "underfunded"
• Defeated class certification and subsequently secured summary judgment and prevailed on appeal, in a case involving a putative class of California condominium policyholders who submitted claims for property damage and who alleged that they were underpaid due to an insurer's misapplication of the insurance policy
• Secured a jury verdict for a national retailer in a federal patent infringement trial, obtaining damages and a substantial award of attorneys' fees for the client, which was affirmed by the U.S. Court of Appeals for the Federal Circuit
• In a case of first impression under the federal Terrorism Risk Insurance Act (TRIA), obtained summary judgment for a national insurance company in an attempted nationwide class action in which a policyholder alleged improper collection of premiums for terrorism risk coverage
• Argued in the California Court of Appeal, in a case of first impression, that a trial court can revoke permission granted to an out-of-state lawyer to appear before California courts, when the lawyer commits ethical misconduct
• Prevailed in the California Supreme Court in a case involving whether the California Consumers Legal Remedies Act (CLRA) applies to life insurance
• Obtained dismissal with prejudice at the pleading stage of an attempted nationwide class action alleging that certain language contained in a national broker-dealer's Individual Retirement Account (IRA) agreements ran afoul of federal statutes and regulations
• In a case seeking certification of a nationwide class of thousands of insureds, succeeded in persuading a federal court that a national insurance company correctly applied its policy provisions to claims involving water damage
• Obtained denials of claimants' claims on the merits in multiple FINRA customer arbitrations brought against brokers and associated persons involving claims of fraud, unsuitability, failure to supervise and negligence
• Represented a national insurance company in litigation involving alleged misappropriation of trade secrets