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Eric Magnuson, Nutter McClennen & Fish LLP Photo

Eric P. Magnuson

Co-Chair, Business Litigation Practice Group / Boston

Overview

Eric P. Magnuson co-chairs Nutter’s Business Litigation practice group. Blending practicality with tenacity and strategic thinking, Eric helps clients solve legal challenges so that his clients can focus on what they do best: pursue their business goals. His 20-plus years of experience in state and federal courts spans all stages of the litigation lifecycle—pretrial, trial, and appeal. Eric represents clients in class actions, multi-district litigations, and arbitral disputes. A diverse range of clients, including banks, Fortune 500 companies, law firms, governmental entities, trustees, directors, and officers, select Eric as their trusted legal advisor.

Complexity is the common denominator of Eric’s practice. He has litigated cases involving an array of allegations, including (among many others) bank fraud, unfair competition, tortious conduct, contractual breach, unfair insurance practices, infringement of constitutional rights, negligent product design, violations of export-import laws, infringement of intellectual property, and breaches of data privacy laws. Eric has also litigated bankruptcy matters, and he has served as a Special Assistant Attorney General.

Eric’s skillset goes beyond the direct sphere of litigation. Clients regularly rely on Eric’s expertise when negotiating the “front end” of business deals, including mergers and acquisitions. Eric also spearheads internal investigations on behalf of financial institutions and other clients. As a member of Nutter’s Privacy and Data Security practice group, Eric helps clients respond to data breaches and network intrusions. 

Representative matters include:

  • Unibank for Sav. v. 999 Priv. Jet, LLC, 31 F.4th 1, 3 (1st Cir. 2022). Eric served as counsel for Unibank in a case before the First Circuit. The dispute arose from claims by Unibank in connection with a promissory note secured by a Gulfstream aircraft. SBK Holdings USA intervened, asserting an alleged superior security interest in the aircraft. After the district court entered summary judgment in favor of Unibank, SBK appealed. Prevailing on appeal, Unibank secured an affirmance from the First Circuit.
  • Chamberlain v. Montoya, 1:19-cv-00509-PB (D.N.H 2019). Eric successfully represented the POW/MIA Network in First Amendment litigation over a “Missing Man Table” at the Manchester Veterans Affairs Medical Center in New Hampshire.
  • Formulatrix, Inc. v. Rigaku Automation, Inc., No. CV 15-12725-JGD, 2018 WL 5723149 (D. Mass. Nov. 1, 2018). The litigation arose out of a customer support agreement between the parties and involved complex contractual (and other) claims. Eric successfully represented the defendants/counterclaimants at the motion-to-dismiss stage (decided by Judge Wolf) and summary-judgment stage (decided by Judge Dein).
  • Ramirez v. Commerce Ins. Co., 91 Mass. App. Ct. 144 (2017). Eric successfully represented an insurer against a putative class action. At issue was a provision of a Massachusetts automobile policy requiring reimbursement of “applicable sales tax.” Affirming summary judgment, the Appeals Court held that the plaintiff had to establish that sales tax was an element of the damages he incurred or would incur before he could recover applicable sales tax from the insurer.
  • OpenRisk, LLC v. Roston, 90 Mass. App. Ct. 1107 (2016). Eric represented defendants sued in Massachusetts for alleged misappropriation of trade secrets. Despite having forum-related contacts, the defendants sought dismissal of the case based on lack of personal jurisdiction. The Superior Court (Kaplan, J.) dismissed the case, rejecting the theory that a defendant can be subject to personal jurisdiction based on the forum contacts of alleged co-conspirators. The Massachusetts Appeals Court affirmed.
  • Reading Co-operative Bank v. Suffolk Construction Company, Inc., 464 Mass. 543 (2013). Eric served as trial and appellate counsel to a bank pursuing claims against a construction company arising under Article 9 of the UCC. Prevailing at trial and on appeal, the bank was awarded a nearly $8 million judgment. Massachusetts Lawyers Weekly named the decision one of the most important commercial decisions of the year.

Other notable engagements include:

  • Defending one of the nation’s largest defense contractors against claims for alleged breaches of fiduciary duty and receipt of fraudulent transfers totaling tens of millions of dollars. 
  • Defending an insurer in a $40-plus million dispute over property-damage claims arising from Hurricane Maria.
  • Representing a financial institution in connection with internal investigation into matters relating to a portfolio of hundreds of millions of dollars in international loans.
  • Representing insurance companies pursuing claims for hundreds of millions of dollars of premium underreporting in connection with workers’ compensation risk pools.
  • Defending a bank against claims for alleged breaches of a data contract.
  • Defending a company sued for hundreds of millions of dollars arising from the alleged failure to disclose patent litigation to another party.
  • Defending a company in federal litigation product-liability claims arising from the use of a SWAT vehicle.
  • Representing a developer seeking to recover millions of dollars in damages arising from an architectural firm’s errors and omissions in the design process.
  • Representing a company seeking to recover millions of dollars in damages arising from construction defects in a modular building.
  • Defending high-tech company in trademark matters, including actions pending before the Trademark Trial and Appeal Board.
  • Defending companies in bankruptcy-preference litigations across the country.
  • Representing directors and officers of defense contractor seeking coverage under D&O insurance.
  • Representing a financial institution pursuing coverage claims under export-import insurance.
  • Representing a company pursuing claims arising from a guarantor’s failure to pay millions of dollars on defaulted loans.

Eric is involved in numerous professional organizations, including the Boston of Inn of Court, the Boston Bar Association, the Federalist Society, the International Association of Privacy Professionals, and the Defense Research Institute. He serves on the Massachusetts Advisory Council of the New England Legal Foundation (NELF).

Eric serves as the Senior Editor of the BLS Blog. His blog posts include, among many others:

Besides his posts published there, Eric’s published articles include “ATM Nuisance Suits Should Be Thrown Out of Court,” American Banker; “Apple v. Samsung Electronics: The Perils of Email Auto Deletion,” Nutter Advisory; and “Supreme Court Avoids Deciding Consumer Standing Issue,” Nutter Advisory.

During law school, Eric served as Executive Note Editor of the Arizona Law Review.

Outside the office, you may find Eric riding his mountain bike in the New England woods or racing in the National Ultra Endurance Bike Series somewhere in the United States.

Experience

Experience

  • 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.

  • 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.

  • 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.

  • 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 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.

  • 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.

News & Insights

News

Publications

Blog Posts

Honors

Honors

  • Massachusetts Super Lawyers, 2014-2023
  • Massachusetts Super Lawyers Rising Stars, 2005-2007

Education & Admissions

Education

University of Arizona James E. Rogers College of Law, J.D., cum laude

Calvin College, B.A.

Admissions

  • U.S. District Court for the District of Massachusetts
  • Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circut 
  • U.S. Court of Appeals for the Eleventh Circut 

Notable Experience

Eric served as counsel for Unibank in Unibank for Sav. v. 999 Priv. Jet, LLC, 31 F.4th 1, 3 (1st Cir. 2022). The dispute arose from claims by Unibank in connection with a promissory note secured by a Gulfstream aircraft. SBK Holdings USA intervened, asserting an alleged superior security interest in the aircraft. After the district court entered summary judgment in favor of Unibank, SBK appealed. Prevailing on appeal, Unibank secured an affirmance from the First Circuit.

In the Community

Eric is involved in numerous professional organizations, including the Boston of Inn of Court, the Boston Bar Association, the Federalist Society, the International Association of Privacy Professionals, and the Defense Research Institute. He serves on the Massachusetts Advisory Council of the New England Legal Foundation (NELF).

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