About Eric T. Werlinger

Eric Werlinger focuses on appellate litigation, securities litigation and enforcement, white-collar criminal defense and patent litigation. Eric knows that in any proceeding — whether an investigation, a trial, or an appeal — telling a good story is a key to success. Eric thus strives in every case to obtain a deep understanding of his clients and their legal challenges. He then leverages his extensive experience in appeals and critical motions to build an overarching narrative that humanizes his clients, puts their position in business context and presents complex legal arguments in clear, easy-to-understand terms.

Extensive litigation experience is invaluable when clients need it most

Eric represents clients in civil and criminal matters at every level of litigation, including before the US Supreme Court. In his years of appellate experience, he has authored numerous briefs and dispositive motions in a variety of matters. Eric has litigated in the vast majority of the US Courts of Appeals and authored multiple briefs in the US Supreme Court, most notably representing a group of criminal law professors as amici curiae in a white-collar matter arising under the Sarbanes-Oxley Act.

Eric also has a wealth of experience defending clients against securities litigation, investigations and enforcement actions by the US Securities and Exchange Commission, and criminal fraud matters initiated by the US Department of Justice. He has led trial-court litigation arising under federal securities laws, including dispositive briefing and discovery, and has represented multiple clients on appeal following victory in district court.

Eric also has extensive knowledge of the Patent Act and the Hatch-Waxman Act, making him a preferred resource for generic pharmaceutical companies facing patent and regulatory litigation. In district court, he regularly assists Katten's patent litigation teams with dispositive motions and trial briefing in their most complex cases. If the matter is appealed, Eric leverages his extensive appellate experience to defend his clients before the Federal Circuit.

On the regulatory front, Eric has counseled his clients in proceedings before the Food and Drug Administration, as well as administrative litigation in federal court. Eric also has deep experience with the Freedom of Information Act and regularly helps his clients protect sensitive business information submitted to federal regulators in the course of an investigation.

Prior to joining Katten, Eric served as a law clerk to the Honorable Danny J. Boggs of the US Court of Appeals for the Sixth Circuit.

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Practice Focus

  • Appellate and Supreme Court litigation
  • Securities litigation and enforcement
  • White collar and internal investigations
  • Consumer finance litigation
  • Class action and multidistrict litigation
  • Financial services litigation
  • Pharmaceutical and life sciences litigation

Representative Experience

  • Appellate
  • Co-authored opposition brief in the Tenth Circuit defending a medical device company against claims of securities fraud involving allegations of channel stuffing.
  • Successfully represented two portfolio managers in the DC Circuit on a petition for review of administrative findings and penalties assessed by the Securities and Exchange Commission related to the use of derivative hedging strategies.
  • Defended complete dismissal of putative securities class action on behalf of leading biopharmaceutical company. Plaintiff argued that the company omitted information regarding regulatory proceedings before the Food and Drug Administration from its public filings.
  • Assist genetic-testing company with appeal to Ninth Circuit of a remand order involving complex jurisdictional issues under Article III of the US Constitution and the Securities Act of 1933.
  • Trial court
  • Represent start-up recycling company in securities suit involving allegations of misstated inventory and goodwill valuations and allegedly inadequate internal controls.
  • Counsel to medical group facing allegations of false Medicare billing and whistleblower retaliation under the False Claims Act.
  • Defense of super-regional bank in putative securities class action suit involving allegations regarding bank’s internal controls over underwriting and reserving for loan loss.
  • Represent major hospitality company as plaintiff in contractual dispute in Fairfax Circuit Court, prevailing on demurrer to counter claims and navigating the case to favorable resolution.
  • Prepared successful motion to dismiss for lender who was pled into third-party contract dispute on the eve of trial. Unable to respond to the motion, plaintiff voluntarily dismissed client in a matter of days.