Attorneys

Erik S. Groothuis

Mr. Groothuis has spent over 15 years litigating complex commercial disputes. Although he focuses on the financial services industry, he has represented clients in accounting malpractice, business divorce, breach of contract, corporate governance, defamation, insurance, real estate, securities fraud, and torts litigation as well as related appeals. He also conducts internal investigations for large multinational corporations. Having represented clients on both the plaintiffs’ and defendants’ side, and with an intimate knowledge of New York’s federal and state courts, Mr. Groothuis brings insight and drive to the successful resolution of disputes. He believes in keeping his clients well-informed about the status of their matters so they become partners in the process.

Mr. Groothuis primarily litigates in the Commercial Divisions of New York’s state courts and the United States District Court for the Southern District of New York, but has represented clients in courts throughout the United States, as well as in FINRA arbitrations.

HIS REPRESENTATIONS HAVE INCLUDED:

  • Representing the producers of a Broadway musical in a tort and breach of contract action involving anonymous emails that allegedly destroyed the production (see Rebecca Broadway LP v. Hotton, 173 A.D.3d 71 (1st Dep’t 2016));
  • Representing a German bank in claims based on the purchase of residential mortgage-backed securities;
  • Representing a hedge fund in connection with claims in the Lehman bankruptcy;
  • Representing real estate developers in claims bought by condominium purchasers and tenants;
  • Representing hedge fund managers in enforcement actions brought by the SEC and FINRA;
  • Obtaining an award against an investment bank in a FINRA arbitration involving auction rate securities;
  • Representing a French financial services company in a dispute about the purchase of a Mexican insurance company;
  • Representing a marketing and networking firm in a breach of contract action against a biotech company engaged in research against fungal disease (see Foundation Ventures, LLC v. F2G, Ltd., 2010 WL 3187294 (S.D.N.Y. Aug. 11, 2010));
  • Representing a corporation in the retail jewelry industry involved in a dispute with an Italian luxury jewelry manufacturer;
  • Winning an $8 million arbitral award (including $500,000 in punitive damages) on behalf of an investor-plaintiff asserting churning, breach of fiduciary duty, and fraud claims against a broker-dealer and certain affiliated individuals;
  • Obtaining dismissal at the summary judgment stage on behalf of a foreign affiliate of an international accounting firm in a malpractice action brought by liquidators of a Cayman Islands-domiciled hedge fund;
  • Obtaining dismissal at the pleadings stage on behalf of the foreign affiliate of an international accounting firm in a federal securities action brought by investors in a hedge fund (see Fraternity Fund Ltd. v. Beacon Hill Asset Mgmt. LLC, 376 F. Supp. 2d 443 (S.D.N.Y. 2005));
  • Representing the Italian affiliate of an international accounting firm in: (1) a securities class action; (2) a suit by administrator of a bankrupt Italian dairy conglomerate; and (3) suits by trustees of its U.S. subsidiaries. Obtained dismissal at pleadings stage in two related actions. See In re Parmalat Sec. Litig., 501 F. Supp. 2d 560 (S.D.N.Y. 2007).

Mr. Groothuis received his A.B. in Economics from Columbia College in 1994, Phi Beta Kappa and magna cum laude, and his J.D. from Harvard Law School in 1997, cum laude.

From 1997 to 1999, Mr. Groothuis clerked for the Honorable Whitman Knapp of the United States District Court for the Southern District of New York. Before joining the Firm in 2008, Mr. Groothuis was associated with the law firms of Cleary Gottlieb LLP (from 1999 to 2001) and Heller Ehrman LLP (from 2002 to 2008). Mr. Groothuis is a mediator trained by the International Institute for Conflict Prevention and Resolution. He is a member of the New York Bar, as well as the Bar of the United States District Courts for the Southern and Western Districts of New York.

In January 2014, Mr. Groothuis was elected Vice President of the New York American Inn of Court. The mission of the Inn is to foster excellence in professionalism, ethics, civility, and legal skills. The Inn’s membership of approximately 150 attorneys consists of judges, government and public interest lawyers, and private practitioners of all ages.

Mr. Groothuis is also the President of Temple Judea in Manhasset, New York.