Eric Twiste

Associate

Practice Description

Eric Twiste has successfully represented clients in complex commercial litigation and arbitration arising in forums across the United States, Latin America, Asia, and Western and Eastern Europe. He has experience in securities litigation, regulatory enforcement, accounting-related disputes and liability, derivative and shareholder disputes, products liability, internal investigations, licensing and intellectual property, public utility law and regulation, bankruptcy-related litigation, RICO, antitrust, and other commercial disputes. Many of his matters have a multi-jurisdictional or foreign-law component.

Mr. Twiste has extensive trial, pre-trial and deposition experience. He has first- and second-chaired bench trials, evidentiary hearings, and mediation and arbitrations. He has extensive appellate experience in both the state and federal appeals courts, including appeals to the United States Supreme Court and the New York Court of Appeals. He has also negotiated, drafted, and implemented settlement agreements.

Representative Matters

• Representation of international accounting firm in claim by bankruptcy trustee and others relating to alleged accounting fraud perpetrated by directors and officers of a public company.
• Representation of public company in connection with a securities class action alleging improper accounting practices.
• Representation of hedge fund investors in dispute with managing member and its principals over valuation of investors’ interest and distributions made to members.
• Representation of international bank in connection with claims brought by Swiss company for breach of licensing agreement for commodities indexes.
• Representation of former CFO of public company in connection with a securities class action, derivative action and SEC inquiry into allegedly improper accounting practices.
• Representation of several New York developers in connection with land-use disputes with town planning boards, including Article 78 proceedings and appeals therefrom.
• Representation of shareholder in proceeding to dissolve taxicab company and related disputes with former business partners.
• Representation of mutual funds and broker-dealers in connection with state and federal regulatory investigations into potential market-timing, late trading and improper sales practices.
• Representation of a public company in connection with multi-state and foreign litigation concerning a multi-billion dollar purchase, leasing and other contracts for commercial aircraft.
• Representation of manufacturers and distributors in ten federal and state products liability class actions and in related disputes over insurance coverage.
• Representation of a public regulatory commission in connection with one of the largest and most complex reorganizations of a public utility.
• Representation of partner and shareholder in complex commercial disputes relating to dissolution of businesses and sale of real property.
• Representation of investment banking and corporate finance firms in connection with bankruptcy reorganizations and liquidations.
• Representation of a computer and technology company in connection with multi-billion dollar patent and antitrust disputes with a microprocessor manufacturer.
• Representation of an offshore investment management company in connection with U.S. and foreign litigations arising from multi-billion dollar investment in a Russian metals company.
• Representation of an Italian fashion designer and retailer in connection with licensing and franchise disputes.
• Representation of a pharmaceutical company and healthcare provider in connection with bankruptcy reorganization and disputes over corporate governance.
• Representation of a multi-national conglomerate and its portfolio company in connection with contested bankruptcy auction of security and safety company.
• Representation of employers in connection with claims against them for racial and gender discrimination.
• Representation of insurance companies in litigation over coverage for environmental, medical and other claims.
• Representation of a foreign start-up company in connection with licensing and trademark disputes concerning an Internet-related game.
• Representation of companies in connection with disputes over stock options and redemption rights.
• Representation of a national retailer in connection with bankruptcy-related disputes over leases and restructuring plans.

Activities and Affiliations

Publications