Eric A. Plourde
Partner
Services & Specializations
Admissions
California;
New York;
Texas
Address
525 B Street, Suite 2200, San Diego, CA 92101
Office Tel.
619.906.5641
Fax
619.788.5526
Overview
Eric focuses on business and commercial disputes, including those involving breach of contract, breach of fiduciary duty, partnerships and limited liability companies (LLCs), investments and securities, class actions, shareholder derivative litigation, trade secrets, unfair competition, employment disputes, bankruptcy and restructuring, and governmental litigation and investigations. Eric’s clients operate in a broad array of industries, including financial services, venture capital and private equity, consulting, technology, startups, energy, construction, real estate (including REITs), government, biotechnology, and health care. He has significant experience representing clients in all aspects of complex litigation in federal and state courts nationwide as well as private arbitration, including before the American Arbitration Association (AAA) and JAMS.
- Lead counsel in representation of investment firm in dispute with management company and its principal concerning breach of contract and breach of fiduciary duty related to joint venture. Successfully obtained $9.5 million judgment, including substantially all damages sought.
- Trial counsel to investment company seeking recovery of millions in converted funds from former employee. Obtained total victory including declaratory relief related to ownership of funds and judgment on the pleadings on related legal claims, leading to entry of judgment in the amount of $4.6 million.
- Lead counsel to limited liability company in arbitration against payment company related to non-payment of contractual consulting fees, resulting in successful settlement of claims.
- Lead counsel to former Chief Executive Officer (CEO) and new employer related to claims of breach of fiduciary duty and breach of noncompete clause by former employer.
- Counsel to limited liability company and its manager in investor dispute related to investment in turnkey asset management provider (TAMP).
- Lead counsel to mortgage company in dispute with former executives related to breach of contract and breach of fiduciary duty related to corporate raid of employees.
- Counsel to herbal supplement manufacturer in securities fraud class action and six shareholder derivative actions related to purported misrepresentations concerning status of patent application, resulting in successful settlement of all pending actions.
- Lead trial counsel to trustee of trust in real estate dispute related to purported nonpayment of debt under promissory note.
- Lead counsel in representation of former corporate director seeking indemnification of legal fees incurred in defense of securities fraud enforcement action brought by the Securities and Exchange Commission (SEC).
- Obtained multi-million dollar settlement, including payment of substantially all damages sought.
- Co-counsel to Governor of New Jersey against criminal charge of official misconduct, responsible for preparation of all briefing before trial and appellate courts. Obtained dismissal, affirmed on appeal by the New Jersey Superior Court, Appellate Division, see State v. Christie, No. A-3549-16T4, 2018 WL 5780475 (N.J. Super. Ct. App. Div. Nov. 5, 2018).
- Arbitration counsel to former executives in hearing before American Arbitration Association seeking payment of earned compensation withheld by former employer.
- Counsel to plaintiffs asserting securities fraud claims under Rule 10b-5 against foreign bank and sovereign wealth fund. Prepared briefing and obtained denial on clients’ behalf of motion to reconsider denial of motion to dismiss under the Foreign Sovereign Immunities Act (FSIA), see Atlantica Holdings, Inc. v. Sovereign Wealth Fund Samruk-Kazyna JSC, No. 12-CV-8852 (JMF), 2018 WL 922191 (S.D.N.Y. Feb. 15, 2018).
- Counsel to investor and sole member of LLC in dispute related to termination of LLC’s management company, including claims of breach of fiduciary duty and securities fraud under Nevada’s “blue sky” law (the Nevada Uniform Securities Act). Successful settlement obtained pre-trial.
- Counsel to county-owned hospital against qui tam action alleging violations of the False Claims Act (FCA). Prepared briefing and obtained denial on client’s behalf of relators’ motion to dismiss affirmative defenses, see U.S. ex rel. Parikh v. Citizens Med. Ctr., 302 F.R.D. 416, 418 (S.D. Tex. 2014).
- Counsel to former executives against claims by former employer of breach of non-competition and non-solicitation covenants, breach of fiduciary duty, misappropriation of trade secrets, and unfair trade practices.
- Counsel to numerous clients in responding to governmental and regulatory inquiries, investigations, and/or subpoenas.
- Counsel to numerous clients in investment and shareholder disputes, including representation of shareholders in contractual milestone disputes.
- Counsel to numerous clients in Chapter 7 and Chapter 11 bankruptcy matters, including assertion of creditor claims and litigation of adversary proceedings.
- Best Lawyers® Ones To Watch, Commercial Litigation, Litigation-Securities, and Mass Tort Litigation/Class Actions-Defendants, 2021-2025
- JD, University of Michigan Law School, cum laude
- BA, University of Michigan, with distinction
- Presenter. “Introduction to Securities Litigation: Preparing For Increased Securities Claims Amid the COVID-19 Pandemic,” June 3, 2020.
- Association of Business Trial Lawyers
- San Diego County Bar Association
- Woolston, George. “Hong Kong Co. Scores Default Win In $10M Face Mask Suit,” Law360, August 7, 2024.
- “Procopio Elevates 6 Attorneys to Partner in San Diego,” San Diego Daily Transcript, February 7, 2022
