Eric S. Parnes is a partner in the Litigation and Trade Departments who focuses on representing clients in complex disputes—in court, before administrative agencies, and before arbitral tribunals—and on conducting and advising clients on internal investigations. He has particular experience litigating international trade disputes.
In his litigation and arbitration practice, Eric has represented clients in matters including international-trade disputes, securities class actions, IP litigation, and commercial disputes. His experience includes work with leading experts in a wide range of fields, including economics, pharmaceuticals, wireless technology, and forest ecology. He recently served as trial counsel for the complainant seeking a temporary exclusion order under Section 337 of the Tariff Act of 1930. He also represented the Government of Canada in its entirely successful defense of two arbitrations against the United States under the Softwood Lumber Agreement of 2006. In his international trade practice, Eric has represented clients in CVD and AD investigations and administrative reviews before the U.S. Department of Commerce, injury investigations and sunset reviews before the U.S. International Trade Commission, and challenges to agency determinations before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.
Eric has served as national counsel coordinating litigation in multiple jurisdictions against claims arising under state-law consumer protection and unfair and deceptive practices laws. Eric is also a member of the firm’s Appellate Practice Group and has represented clients before the Supreme Court of the United States, five U.S. Courts of Appeals, and the District of Columbia Court of Appeals.
Member, Federal Bar Association, District of Columbia Chapter
2013 and 2015 Capital Pro Bono Honor Roll, sponsored by the District of Columbia Court of Appeals and the Superior Court of the District of Columbia
2012 Capital Pro Bono High Honor Roll, sponsored by the District of Columbia Court of Appeals and the Superior Court of the District of Columbia
Contributor, Consumer Protection Law Developments, 2nd ed., ABA Antitrust Section, April 2016
Contributor, 2013 Review of Consumer Protection Law Developments, ABA Antitrust Section, August 2013
United States Supreme Court
United States Court of Appeals for the First Circuit
United States Court of Appeals for the Federal Circuit
United States District Court for the District of Columbia
United States Court of International Trade
Representation of a major German paper manufacturer in antidumping proceedings involving multiple Commerce Department administrative reviews, Commerce Department and International Trade Commission sunset reviews, and several active cases in the Court of International Trade
Representation of the complainant seeking temporary and permanent relief in an International Trade Commission investigation under Section 337 of the Tariff Act of 1930
Representation of a major pharmaceutical company and several of its officers and directors in multidistrict litigation securities, shareholder derivative, and Employment Retirement Income Security Act of 1974 (ERISA) litigation arising out of withdrawal of a drug from the market
United States v. Canada, LCIA No. 111790, representation of the government of Canada in an arbitration under the Softwood Lumber Agreement of 2006
Representation of an energy company in shareholder litigation involving the acquisition of a limited partnership
Representation of a major government contractor in connection with an internal investigation
Representation of a Fortune 200 company in a complex disclosure under the International Traffic in Arms Regulation involving multiple sites, including strong corrective actions and compliance program improvements
Representation of a US company in review of a transaction by the Committee on Foreign Investments in the United States
Representation of a regional medical center in connection with government investigations
Representation of a major pharmaceutical manufacturer in multi-defendant actions in federal and state courts, including multiple state attorney general actions, challenging industry pricing practices
Representation of a Swedish company in nonadministered arbitration proceedings against a major US corporation in a dispute involving an agreement to develop and commercialize new technology
Yazdani v. Access ATM, 941 A.2d 429 (D.C. 2008), representation of the defendant in a successful opposition to an appeal from the dismissal of breach of contract, fraud, and Racketeer Influenced and Corrupt Organizations Act claims
In re Dynegy Inc. Securities Litigation, 339 F. Supp. 2d 804 (S.D. Tex. 2004), representation of the outside directors of Dynegy Inc. in consolidated federal securities class-action and state and federal shareholder derivative actions stemming from the company’s restatements of selected transactions
KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), prepared amicus curiaebrief on behalf of General Motors Corp., Cisco Systems Inc., Hallmark, Fortune Brands, Electrolux NA and Microsoft Corp. in a patent case addressing issues of obviousness
Gonzales v. Oregon, 546 U.S. 243 (2006), prepared amicus curiaebrief on behalf of members of Oregon’s congressional delegation challenging the federal government’s attempt to curtail Oregon’s Death with Dignity Act, which allows doctors in carefully regulated circumstances to assist terminally ill patients who choose to hasten death. The challenge was successful.
In re Merck Co. Securities, Derivative and ERISA Litigation (3d Cir.) (2007, 2008); Merck & Co. Inc. v. Reynolds (U.S. No. 08-905), representation of a pharmaceutical company before the 3rd US Circuit Court of Appeals and US Supreme Court in appeals of dismissal of securities and derivative claims