Erik S. Groothuis
Representative engagements include:
- representing the producers of a Broadway musical in a tort and breach of contract action involving anonymous emails that allegedly destroyed the production;
- representing a hedge fund manager 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;
- obtaining 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 hedge fund (see Fraternity Fund Ltd. v. Beacon Hill Asset Mgmt. LLC, 376 F. Supp. 2d 443 (S.D.N.Y. 2005)); and
- representing the Italian affiliate of an international accounting firm in: (1) a securities class action; (2) a suit by the 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. He also serves on the board of trustees of Temple Judea in Manhasset, 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.