Eric P. Magnuson
Eric P. Magnuson co-chairs Nutter's Business Litigation practice group. He is also a member of the Privacy and Data Security practice group. A seasoned civil litigator, Eric focuses his practice on complex business disputes. He has handled a wide variety of cases, including business torts, contracts, unfair competition, partnership agreements, restrictive covenants, non-compete agreements, UCC disputes, bankruptcy, trade secrets, constitutional claims, trademarks, copyrights, and insurance. Eric has trial and appellate experience in state and federal courts, as well as experience in class-action and multi-district litigation. He has served as a trusted legal advisor to banks, financial firms, Fortune 500 companies, small and mid-sized businesses, law firms, and individual litigants, including directors and officers. Eric has also represented pro bono litigants and served as a Special Assistant Attorney General.
Recently, Eric served as trial counsel to a bank pursuing claims against a major construction company arising under Article 9 of the UCC. Prevailing at trial and on appeal, the bank was awarded a judgment of more than $7.6 million. Massachusetts Lawyers Weekly chose the decision—Reading Co-operative Bank v. Suffolk Construction Company, Inc., 464 Mass. 543 (2013)—as one of the most important commercial decisions of 2013. In another representative matter, Eric represented a bank on its claims arising from a guarantor’s failure to pay millions of dollars on defaulted loans. The United States District Court for the District of Rhode Island awarded summary judgment—and attorneys’ fees—to the bank.
Other representative matters include:
- Defended one of the nation’s largest defense contractors against claims for alleged breaches of fiduciary duty and receipt of fraudulent transfers totaling more than $20 million.
- Represented company in federal litigation involving millions of dollars in claims based on alleged breaches of contract, product defects, misappropriation of intellectual property, interference, and unfair-trade practices.
- Served as counsel to putative class of insurance companies in federal litigation involving the entire workers’ compensation industry. The litigation involved claims of hundreds of millions of dollars of premium underreporting that affected the contributions of all class members to state-mandated reinsurance pools.
- Spearheaded internal investigation into matters relating to a financial institution’s portfolio of millions of dollars in loans. The investigation was international in scope and implicated hundreds of loans.
- Obtained dismissal of litigation brought on behalf of putative class against insurance company for alleged violations of state statute.
- Defeated claims by one of the nation’s largest data processors against a bank for alleged breaches of a data contract.
- Obtained judgment on behalf of directors and officers seeking millions of dollars in coverage under a D&O policy.
- Obtained dismissal of lawsuit against individual facing millions of dollars in claims for alleged breaches of partnership agreement.
- Obtained dismissal of claim against individual based alleged breaches of G.L. c. 93A (the Massachusetts consumer-protection statute).
- Represented life-sciences company in arbitration arising from alleged breaches of contract.
- Represented state government in appeals concerning sovereign immunity under the Eleventh Amendment of the United States Constitution.
- Obtained coverage for financial institution under fidelity bond.
- Represented high-tech company in trademark matters, including actions pending before the Trademark Trial and Appeal Board.
- Represented companies in preference litigations across the country.
- Represented law firm in arbitration involving claims arising from alleged payment irregularities.
- Won asylum on behalf of individual seeking asylum on the basis of political persecution.
- Represented individual litigants in successful pursuit of claims under the General Settlement Fund for Victims of National Socialism.
Eric’s skill set includes advisory work, internal investigations, negotiation, mediation, and arbitration. He has substantial experience in the area of export-import insurance and trade credit.
As a member of the firm’s Privacy and Data Security practice group, Eric helps clients respond to data breaches and network intrusions. Eric is a member of International Association of Privacy Professionals (IAPP).
Published articles include, among others, “ATM Nuisance Suits Should Be Thrown Out of Court,” American Banker, April 4, 2013; “Apple v. Samsung Electronics: The Perils of Email Auto Deletion” (Nutter Advisory); and “Supreme Court Avoids Standing Issue” (Nutter Advisory).
Eric was selected for Massachusetts Super Lawyers Rising Stars multiple times.
During law school, Eric served as Executive Note Editor of the Arizona Law Review.
- Successfully Defended Bank in ATM Litigation
Represented bank in an action arising under the Electronic Fund Transfer Act. The plaintiff claimed that the bank violated EFTA by failing to post a physical notice of a $2.00 ATM fee. The plaintiff sought damages, costs, and attorneys’ fees. The bank counterclaimed, alleging that the lawsuit was commenced in bad faith. The bank also moved to dismiss the litigation, arguing that the plaintiff did not have constitutional standing to pursue the claim. Shortly after receiving the motion to dismiss, the plaintiff proposed that the parties dismiss their claims with prejudice, with the bank paying no damages, costs, or fees to the plaintiff.
- Successfully Defended Company in Major Bankruptcy Litigation
Successfully represented Fortune 500 company against claims in excess of $20 million for alleged breaches of fiduciary duty and fraudulent transfers.
- Won Asylum Trial
Served as trial counsel for individual seeking asylum. The individual was in the United States after fleeing Cameroon because of political persecution. At the conclusion of the trial, the individual was awarded asylum.
- Won Judgment in Favor of Defendant Facing G.L. c. 93A Claim
Served as trial counsel for individual defendant who was facing claims for alleged violations of G.L. c. 93A. After trial and post-trial briefing, the court entered judgment in favor of the defendant, finding no legal or factual basis for 93A liability.
- Won Summary Judgment on Behalf of Directors in Insurance Litigation
Obtained summary judgment on behalf of directors in a litigation against an insurer that disclaimed coverage under a D&O policy.
- Won Verdict and Multi-Million Judgment on Behalf of Bank in Article 9 Litigation
Served as trial counsel for bank in a multi-week jury trial resulting in a verdict finding breach of contract and violation of Article 9 (Secured Transactions) of the UCC against a major construction company. The case arose out of the triangular relationship between the bank, the construction company, and its subcontractor. Despite receiving notice of an assignment of the subcontractor’s account receivables to the bank, the construction company issued multiple payments to the subcontractor. Overcoming a multitude of defenses, the bank was awarded a judgment of more than $3 million, plus prejudgment interest.
News & Insights
- Forty-four Nutter Attorneys Recognized in 2015 Edition of Massachusetts Super Lawyers and Rising Stars10.30.2015
- 11.19.2014 | Legal Update
- 07.02.2014 | Legal Update
- Updated on August 22, 2013 (Originally published on February 23, 2012 and first updated on June 28, 2012) | Advisory
- 07.27.2012 | Advisory
- 06.29.2012 | Advisory
- 04.04.2012 | Article
- 02.29.2012 | Legal Update
- 02.09.2012 | Advisory
- Massachusetts Super Lawyers, 2014-2016
Education & Admissions
University of Arizona James E. Rogers College of Law, J.D., cum laude
Calvin College, B.A.
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals for the First, Sixth and Eleventh Circuits
Eric served as trial counsel to a bank pursuing claims against a major construction company arising under Article 9 of the UCC. Prevailing at trial and on appeal, the bank was awarded a judgment of more than $7.6 million. Massachusetts Lawyers Weekly chose the decision—Reading Co-operative Bank v. Suffolk Construction Company, Inc., 464 Mass. 543 (2013)—as one of the most important commercial decisions of 2013.
Massachusetts Super Lawyers, 2014-2016