Eric A. Herzog
Norton Rose Fulbright US LLP
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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. He has experience in all aspects of litigation, from pretrial matters to first-chair jury trial experience to appeals in state and federal courts.
Eric is admitted to all United States District Courts in California, as well as the United States Court of Appeals for the Fifth Circuit, Ninth Circuit and Federal Circuit. He was admitted to practice law in California in 2003.
JD, University of Southern California Law School, 2003
BA, with distinction in general scholarship, Political Science (major) and Public Policy (minor), University of California, Berkeley, 2000
Eric was administrative vice chair of the USC Law School Hale Moot Court Honors Program.
- California State Bar
Among the matters in which Eric has served as a key member of the litigation team include:
- Secured the dismissal of numerous representative, class, and complex actions under California's Unfair Competition Law on the pleadings, and successfully 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 won 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
- Won a jury verdict for a national retailer in a federal patent infringement trial, obtaining damages and a substantial award of attorneys' fees in favor of 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 successfully 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
- Southern California Super Lawyers, Thomson Reuters, 2019
- Southern California Rising Star, Thomson Reuters, 2009 - 2018 (Up-and-Coming 100: 2018 Southern California Rising Stars)
- Under 40 Hot List, Benchmark Litigation, Euromoney PLC, 2017-2018
- Excellence in Preparation for Trial Practice of the Law, American Board of Trial Advocates, 2003
- Co-author, "Consumer Actions and Fraud/Reliance-Based Torts" Chapter in A Practitioner's Guide to Class Actions, American Bar Association Tort Trial and Insurance Practice Section, 2010 (First Edition) and 2017 (Second Edition)
- Co-author, "In Mixed Ruling, California Court Addresses Interplay Between Arbitration and Choice-of-Law Provisions in Customer Agreements," Fulbright Briefing, October 23, 2012
- Co-author, "Ninth Circuit Tightens Standards for Certifying Nationwide Consumer Class Actions Applying California Law," Fulbright Briefing, January 19, 2012
- Co-author, "Good News, Bad News, and No News: An Overview of Recent Bad Faith Legislation," 17 Coverage 7, September/October 2007
- Member, Los Angeles County Bar Association Judicial Elections Evaluation Committee
- Member, Los Angeles County Bar Association (2003-present)
Eric is a member of the Firm's Pro Bono Committee. As part of his pro bono work, he has been co-counsel with Inner City Law Center in significant tenants' rights litigation, and also serves as a member of Inner City Law Center's Luncheon Committee, which organizes a major annual fundraiser for the organization. He is also a fundraiser and volunteer for the ALS Association Orange County Chapter, a not-for-profit health organization dedicated to the fight against amyotrophic lateral sclerosis, often referred to as "Lou Gehrig's disease."