Erik McLain has more than 24 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.
- 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.
- 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 breach of fiduciary duty, recovery of 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
- Gomez. V. City of Whittier: 9th Circuit Court of Appeals – Appeal of Summary Judgment: Obtained Summary Judgment at Central District of California. Against 9 Plaintiffs alleging excessive force and false imprisonment. Conducted Appeal on behalf of City of Whittier and Judgment affirmed by 9th Circuit Court of Appeals
- Matt Hollywood v. STP Records: – USDC Central District- Copyright Litigation involving dispute over authorship and publishing rights against record label. Successful on all causes of action and obtained ownership rights
Admissions
- California
- New York
- U.S. District Court, Northern, Central, Eastern, and Southern Districts of California
- U.S. Court of Appeals, Ninth Circuit
Community Involvement
- Dana Point Youth Baseball (DPYB) – Head Baseball Coach 10 Seasons
- California Ocean Institute – Business Advisory Member
- Member Orange County Bar Association
- Association of Trial Lawyers of America (ATLA)
- American Bar Association
Education
- J.D., cum laude, Whittier Law School, 2001
- Member, Whittier Law Review
- B.S., Accounting, St. John’s University, 1998
- NCAA DIVISION 1 Athlete- Baseball