Erik McLain has more than 23 years of experience in state and federal courts. His practice includes litigation with a focus on matters involving complex business litigation disputes, shareholder litigation, commercial litigation, as well as large-scale construction disputes. Erik has personally conducted jury trials with amounts in controversy in excess of $25 million. He also has experience defending employers, directors, and officers in wage and hour litigation, discrimination claims, derivative actions, and director/officer liability matters.

In addition to his California state law practice, Erik has extensive federal litigation experience, including federal jury trials, law and motion, summary judgment, and other proceedings governed by the Rules of Civil Procedure.

  • RC Construction v. Graves Plumbing, Arbitration: Obtained multiple defense arbitration awards on behalf of a general contractor involving four separate projects
  • Sanders v. Tejon Ranch Company: Secured a confidential settlement on behalf of a former employee following a highly publicized litigation
  • Texton Construction v. Owner, Arbitration: Awarded over $400,000 plus attorneys’ fees on behalf of general contractor after two-week arbitration
  • Sun Valley Oil v. General Petroleum: Reached favorable settlement for petroleum client in breach of royalties agreement case
  • Pacific Auction Exchange v. Doe Insurance Co.: Secured settlement exceeding $350,000 in a life insurance coverage dispute
  • Construction v. Titan Electric Corp., OC Superior – Jury Trial: First-chair defense in a six-month trial involving claims of breach, fraud, conspiracy, and conversion. Secured defense verdict; plaintiff demand exceeded $20 million Kemp Bros.
  • Lum-Air Mechanical v. Technical Building Services, OC Superior – Jury Trial: First-chair counsel; obtained unanimous 12–0 plaintiff verdict of $510,000 + attorneys’ fees and full defense verdict on cross-complaint
  • Isaacson v. Casler, San Diego Superior – Jury Trial: Lead counsel for plaintiff in business and employment dispute. Achieved judgment for lost wages, investment income, and business dissolution
  • Contreras v. City of Lemoore, USDC Central District – Jury Trial: Co-chair defense of police officer in wrongful death case; obtained full defense verdict after one-month trial

Admissions

  • California
  • New York
  • U.S. District Court, Northern, Central, Eastern, and Southern Districts of California
  • U.S. Court of Appeals, Ninth Circuit

Education

  • J.D., cum laude, Whittier Law School, 2001
    • Whittier Law Review, Member
  • B.S., Accounting, St. John’s University, 1998