Erik Groothuis, a member of the Firm’s management committee, has spent over 20 years litigating complex commercial disputes. He focuses on the financial-services and real-estate industries, primarily representing hedge funds and real-estate developers in those matters. Erik represents clients in accounting and legal malpractice, business divorce, breach of contract, corporate governance, defamation, insurance, investor and securities fraud, and business-torts litigation, as well as related appeals. He often litigates at home in the Commercial Divisions of New York’s state courts and the United States District Courts for the Eastern and Southern Districts of New York, but has represented clients in courts throughout the United States, as well as in FINRA and AAA arbitrations. Erik has been retained as an expert witness in legal malpractice litigation.
Clients depend on Erik’s counsel to resolve their issues and get on with their lives and businesses. Known for his ability to generate superior work product, Erik is tenacious, efficient, and always mindful of the client's bottom line.
Erik also negotiates employment and severance agreements and other commercial contracts such as licensing, purchase and sale, and services agreements.
In 2018, Erik launched Same-Day Justice, an innovative dispute resolution solution. He is certified as a Small Claims Court arbitrator in New York County and is a Mediator trained by the International Institute for Conflict Prevention and Resolution.
Choice of Law and Forum Selection Clauses: Do They Really Matter?; Inside, A Publication of the Corporate Counsel Section of the New York State Bar Association; Spring/Summer 2019, Publication Link
- Representing hedge funds in high-stakes contract and tort disputes with counterparties, such as trade, valuation, and employment disputes;
- Representing cryptocurrency exchange platform in employment and class-action litigation;
- Representing podcasting company founded by brothers Preet and Vinit Bharara in contract litigation;
- Prosecuting and defending legal and accounting malpractice claims;
- Served as trial counsel for the producers of a Broadway musical in a tort and breach of contract action involving anonymous emails that allegedly destroyed the production, obtaining a plaintiff’s verdict after a three-week jury trial (see Rebecca Broadway LP v. Hotton, 173 A.D.3d 71 (1st Dep’t 2016));
- Representing large national payments-processing company in contract dispute;
- Representing German bank in claims based on the purchase of residential mortgage-backed securities;
- Representing real-estate developers in claims brought by condominium purchasers and tenants;
- Representing hedge-fund managers in enforcement actions brought by the SEC and FINRA;
- Winning 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 (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 summary judgment for a foreign affiliate of an international accounting firm in a malpractice action brought by liquidators of a Cayman Islands-domiciled hedge fund;
- Winning dismissal on the pleadings for a foreign affiliate of an international accounting firm in a federal securities action brought by hedge fund investors (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 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 (In re Parmalat Sec. Litig., 501 F. Supp. 2d 560 (S.D.N.Y. 2007).)
Erik moderates and speaks at New York State and New York City bar association panels on topics such as New York State court practice and Alternative Dispute Resolution.
- Curtis Caton Mentoring Award from Heller Ehrman LLP
- Vice President of the New York American Inn of Court, 2014
- Temple Judea in Manhasset, New York
- President, 2016 - 2018
- Board of Trustees, 2015-2021
“I partner with my clients so they are invested in the process. I find that more communication leads to a greater appreciation for both the work and the results.”