Eric S. Eissenstat, Shareholder/Director
Oklahoma City Office
Chase Tower
100 N. Broadway, Suite 1700
Oklahoma City, OK 73102-9211
T (405) 232-0621
F (405) 232-9659
eeissenstat@fellerssnider.com
V-CARD
Mr. Eissenstat is a trial lawyer who primarily handles complex business and commercial litigation matters involving antitrust, business torts, computer law, shareholder suits, class actions, insurance, oil and gas, trade regulation, contract, corporate disputes, employment related disputes, intellectual property and commercial arbitration. He has also handled personal injury, products liability and professional liability litigation. He has successfully tried dozens of cases to verdict for both plaintiffs and defendants. Mr. Eissenstat’s notable verdicts include a defense verdict in a multimillion dollar Robinson-Patman case, a $30 million actual and punitive damage verdict in an oil and gas-related, antitrust/business tort dispute, a $7.2 million actual and punitive damage verdict for a large municipality stemming from a failed computer system, a $75 million judgment in a telecommunications contract dispute, a defense verdict in a $90 million insurance bad faith case, and a defense verdict in a multi-million dollar commercial arbitration for a Fortune 100 telecommunications company. Mr. Eissenstat has also successfully defended numerous class actions and shareholder derivative suits and has successfully prosecuted and defended suits to verdict in intellectual property, insurance, antitrust, tax, employment, oil and gas, general business, securities and corporate, personal injury and professional liability matters and has argued and won numerous appeals. Eric’s work has been recognized by his peers. He has been selected as a fellow of the Litigation Counsel of America, is listed in Best Lawyers in America (Antitrust, Commercial Litigation and Insurance), Chambers USA, Guide of America’s Leading Lawyers in Business (Litigation), Oklahoma Super Lawyers (top 50 lawyers), and is a recipient of the Oklahoma County Bar Association Leadership in the Law Award. Mr. Eissenstat is a frequent speaker and author on the topics of antitrust litigation, business torts, computer law, punitive damages and electronic discovery. He has served on the Oklahoma Bar Association Board of Governors, received an Award of Excellence from the Oklahoma Trial Lawyers Association College of Advocacy and has been selected as the Oklahoma Bar Association’s Outstanding Young Lawyer. Eric devotes countless hours to community and pro bono service in leadership positions, including Board member and Program Chair for Youth Leadership Exchange; Board member of Lyric Theatre; Campaign Cabinets for United Way; and as Chair (and volunteer lawyer) for Oklahoma Lawyers for Children. He is a graduate of both Leadership Oklahoma and Leadership Oklahoma City. Mr. Eissenstat was recently awarded the Mona Lambird Service to Children Award by Oklahoma Lawyers for Children. Eric received a BS (with honors) in Political Science from Oklahoma State University and a JD (with honors) from the University of Oklahoma, serving on the Oklahoma Law Review and Order of the Coif. He has been practicing law for the last 26 years with Fellers, Snider, Blankenship, Bailey & Tippens, where he has served on the firm’s executive committee.
Practices
Education
- University of Oklahoma (J.D., with honors, 1983)
- Order of the Coif
- Note Editor, Oklahoma Law Review, 1982-1983
- Recipient, American Jurisprudence Award in Remedies, Criminal Procedure and Commercial Transactions - University of Oklahoma
- Oklahoma State University (B.S. in Political Science, with honors, 1980) Phi Kappa Phi
Related News & Events
Bar Admissions
- Admitted to bar, 1983, Oklahoma
- U.S. Supreme Court, 1988
- U.S. Court of Appeals for the Tenth Circuit, 1984
- U.S. Court of Appeals for the Ninth Circuit, 1987
- U.S. Court of Appeals for the Eighth Circuit, 1999
- Various Federal district courts, including all districts in Oklahoma
Examples of Representative Matters
- Defense of multiple class action suits in the areas of antitrust, securities, insurance, consumer protection, telecommunications and oil and gas
- Plaintiff’s verdict on behalf of Oklahoma City Water Utilities Trust in computer failure case of $7.2 million in actual and punitive damages
- $53 million judgment in favor of WilTel Communications in a dispute involving sale of billion dollar business
- $30 million actual and punitive damage verdict against Fortune 100 company in oil and gas business tort and antitrust case
- Defense verdict on behalf of Farmers Insurance Company in a $90 million claim after a three week trial
- Defense verdicts in antitrust/Robinson-Patman cases
- Copyright, trademark and trade secret litigation on behalf of plaintiffs and defendants involving multiple industries
- Defense verdict in multimillion dollar telecommunications arbitration on behalf of Fortune 100 telecommunications company
- Defense verdict in agency litigation involving multimillion dollar claims on behalf of national insurance company; also successfully obtained $130,000 verdict for violation of covenant not to compete and interference with business relations
- Prosecution to successful resolution of federal and state Sherman Act and Robinson-Patman claims against major furniture retailer
- Defense verdicts in employment discrimination related cases
- Prosecution of trademark infringement claims to permanent injunction for major home developer
- Successful defense of national retailer against antitrust and Unfair Sales Act claims and prosecution of Lanham Act/Unfair Competition counterclaim in grocery industry
- Successful prosecution of business tort claims on national oil and gas company against numerous defendants involving claims of illegal blending of crude oil
- Defense verdict on behalf of regional brokerage firm against securities fraud claims
- Defense verdict in multimillion dollar business tort/employment litigation involving medical professionals and obtain actual and punitive damage counterclaim
- Defense verdict on behalf of major law firm in professional liability action
- Several million dollar plus settlements for plaintiffs in personal injury/wrongful death claims
- A few examples of appellate decisions where Mr. Eissenstat was trial and appellate counsel:
- May v. Mid-Century Ins. Co., 151 P.3d 132 (Okla. 2006)
- Badillo v. Mid-Century Ins. Co., 121 P.3d 1086 (Okla. 2005)
- Century Martial Arts Supply, Inc. v. Nat'l Assn. of Prof. Martial Artists, 129 Fed. Appx. 426, 2005 WL 896433 (10th Cir.) [argued appeal]
- Harris v. Farmer Ins. Exchange, 64 Fed. Appx. 733, 2003 WL 21246582 (10th Cir.)
- Branch v. Farmers Ins. Co., 311 F.3d 1241 (10th Cir. 2002), consolidated with Davis v. Mid-Century Ins. Co., 311 F.3d 1250 (10th Cir. 2002)
- Branch v. Farmers Ins. Co., Inc., 55 P.3d 1023 (Okla. 2002)
- Whitehead v. Rainey, Ross, Rice & Binns, et al., 997 P.2d 177 (Okla. Civ. App. 2000)
- Continental Trend Resources, Inc. v. OXY USA, Inc., 44 F.3d 1465 (10th Cir. 1995) and 101 F.3d 634 (10th Cir. 1996)
Articles & Publications
Media Mentions
"Eric Eissenstat was identified by sources as . . . someone who has a number of high-profile cases for major insurers."
~ The Chambers USA Guide, 2007 Professional Memberships
- American Bar Association
- Section of Litigation
- Member (1985-present)
- Computer Litigation Committee (Membership Chair, 1998-2002)
- Section of Business Law (Member 1989-present)
- Section of Antitrust Law
- Section Member, 1989-present; Council Member, 1991-1993)
- Business Torts and Unfair Competition Committee (1992-present)
- Membership Committee (Vice-Chair, 1993-1997)
- ABA/YLD Liaison Section of Antitrust Law, 1991-1993
- American Bar Association, Young Lawyers Division
- Communications Committee, 1993-1994
- Citizenship Education Committee, 1993-1994
- Litigation Committee (Executive Committee Member, 1985-1994; Committee Vice-Chair, 1990-1991; Chair, 1991-1992)
- Editor, ABA/YLD Litigation Section Newsletter 1990-1991
- Oklahoma Bar Association:
- Board of Governors 1991
- Unauthorized Practice of Law Committee, 1988-1990
- Legislation Committee, 1989-1994
- Professionalism Committee, 1992
- Long Range Planning Committee, 1990, 1992-2004
- Evidence Committee, 1992-1995
- Fellow, Oklahoma Bar Association - Young Lawyers Division
- OBA/YLD
- Member, Board of Directors, 1988-1992 (Treasurer 1989, Chair-Elect 1990, Chair 1991, Past-Chair 1992)
- Delegate to various American Bar Association - Young Lawyers Division meetings
Community Leadership & Activities
- Leadership Oklahoma (Member - Class X, 1996-1997)
- Leadership Oklahoma City (Member - Class XIII, 1994-1995).
- Leadership Oklahoma City Alumni Association (Member, 1995-present; Day Chair, Justice & Public Safety Day for Leadership Oklahoma City Classes IV, V, VI, VII and VIII)
- Chairman of the Board - Oklahoma Lawyers for Children;
- Board Member, Lyric Theatre, 2008-present;
- Board Member, Oklahoma Child Abuse Training Council, 2009- ;
- Youth Leadership Exchange, 1995-2006 (Board of Directors, 1998-2005; Nominating Chair, 2001-2002; Member, Executive Committee 2002-2004; and Chair, Code of Conduct Committee; Program Chair 2003-2004)
- Board of Directors, Community Literacy Center, Inc., 1996-99
- Chairman, Attorney Group, United Way Campaign 1994, 1997-1999, 2001-2004; Member, Campaign Cabinet, United Way Campaign 1994, 1997-1999, 2001-2004
- Member: Board of Directors (President, 2000-01) and Executive Committee, Citizens for Juvenile Justice, Inc., 1996-present; Vice-Chair, 1998-99 (supporting programs/services of Oklahoma County Juvenile Bureau)
- Member: Board of Directors, Making the Grade. Member: Community Initiatives and Allocation Subcommittee (United Way of Metro Oklahoma City ), 1993-96.
- Chair, Citizen Advisory Committee for Expansion of Juvenile Detention Center, 1997
- Member/volunteer: United Methodist Church of the Servant (Board of Advisors, 1997-2000; Finance Committee 2002-2004)
- American Inns of Court XXIII (Barrister 1989-1991; Master of the Bench, 1998-present)
- Chairman Trial by Jury Program 1989
- Volunteer: Legal Aid of Western Oklahoma, 1983-present
Awards & Honors
- Mr. Eissenstat was selected by his peers for inclusion in The Best Lawyers in America in the specialties of Antitrust Law, Commercial Litigation Law and Insurance Law
- Listed in Chambers USA, America's Leading Lawyers for Business
- Fellow, Litigation Counsel of America
- Recognized as a Local Litigation Star in Institutional Investor’s Benchmark: America’s Leading Litigation Firms and Attorneys Guide.
- Super Lawyers Corporate Counsel edition
- Oklahoma Super Lawyers
- Mona Lambird Award for Service to Children, 2008 - Oklahoma Lawyers for Children
- Recipient Journal Record Leadership in Law Award
- Recipient Oklahoma Bar Association Outstanding Young Lawyer 1992
- Recipient Award of Excellence, OTLA College of Advocacy 1991
- Recipient Outstanding Service to the Community 1989 Oklahoma Bar Association - Young Lawyers Division
- Various Who’s Who publications.
Speaking Engagements
- Speaker, Holloway Inn of Court, Topic: “Oklahoma Lawyers for Children - Its History and Mission,” October 15, 2008, Oklahoma City, Oklahoma
- Panel Member, Oklahoma Lawyers for Children and Child Abuse Training and Coordination Program - Office of Child Abuse Prevent, Family Health Services, Oklahoma State Department of Health, Topic: “Which Comes First? The Deprived Case or the Criminal Case - the Ethical Considerations,” June 27, 2008, Oklahoma City, Oklahoma
- Program Planner and Moderator, Oklahoma Bar Association - Litigation And Trials In The Digital Age, and Speaker, Topic: “Puzzling Evidence: Use and Admission of Electronic Evidence at Pretrial and Trial,” December 14, 2007, Oklahoma City, Oklahoma, and December 21, 2007, Tulsa, Oklahoma
- Speaker, Oklahoma Bar Association 2007 Recent Developments: An OBA Annual Convention Sampler, Topic: Recent Developments in the Federal Rules of Civil Procedure, November 9, 2007, Oklahoma City, Oklahoma.
- Speaker, American Inn of Court XXIII (Pupillage Group II) Program, Topic: Electronic Discovery and Preservation of Electronic Data, October 17, 2007, Oklahoma City, Oklahoma.
- Speaker, Oklahoma Bar Association Webcast, Topic: 2006 Discovery Amendments to Federal Rules of Civil Procedure, November 1, 2006, Oklahoma City, Oklahoma.
- Speaker, American Inn of Court XXIII Program, Topic: Expert Witnesses and Daubert Challenges, November 19, 2003, Oklahoma City, Oklahoma.
- Moderator and speaker, Oklahoma County Bar Association 2003 Bench & Bar Conference, Topic: Discovery Rules of Computerized Documents in State & Federal Courts, April 5, 2003, Lake Texoma, Oklahoma.
- Speaker, American Inn of Court XXIII Program, Topic: Demonstrative Evidence: Get It In - Keep It Out, November 13, 2002, Oklahoma City, Oklahoma.
- Speaker, The University of Tulsa “Antitrust Symposium,” Topic: A Plethora of Pricing Perplexities, March 22, 2002, Tulsa, Oklahoma.
- Author and speaker, Lorman Education Services (a division of Lorman Business Center, Inc.), “Federal Civil Litigation in Oklahoma” Seminar, Topic: Federal Class Action and Shareholder Derivative Litigation: May I Represent You?, April 27, 2001, Oklahoma City, Oklahoma.
- Co-author and speaker, Oklahoma Bar Association 2000 Annual Meeting (Session 8), Topic: Pitfalls for the Small Business in E-Commerce, Computers and Software, November 16, 2000, Oklahoma City, Oklahoma.
- Speaker, Oklahoma Bar Association/Oklahoma Trial Lawyers Association "Business Torts" Seminar, Topic: Interference with Economic Relationships, October 6, 2000, Tulsa, Oklahoma, and October 13, 2000, Oklahoma City, Oklahoma.
- Speaker, Oklahoma Bar Association 1999 Annual Meeting (Business Law Session), Topic: Potpourri of Y2K & Other Computer Law Issues, November 10, 1999, Oklahoma City, Oklahoma.
- Moderator and speaker, Oklahoma Bar Association "Current Issues in Computer Law," Topic: Fundamentals and Strategies of Computer Performance and Y2K Litigation, March 5, 1999, Oklahoma City, Oklahoma, and March 26, 1999, Tulsa, Oklahoma.
- Co-author and speaker, Oklahoma Bar Association "1998 Corporate Law Symposium," Topic: Y2K/Legal Implications of the New Millennium, November 6, 1998, Oklahoma City, Oklahoma.
- Speaker, Tulsa County Bar Association Corporate Counsel Section Luncheon, Topic: Interference with Economic Relationships, April 15, 1998, Tulsa, Oklahoma.
- Moderator and Speaker, Oklahoma Bar Association/Oklahoma Trial Lawyers Association "Business Torts" Seminar, Topic: Interference with Prospective Economic Relationships, March 27, 1998, Tulsa, Oklahoma, and April 3, 1998, Oklahoma City, Oklahoma.
- Speaker, American Bar Association Annual Meeting, program sponsored by the Section of Antitrust and co-sponsored by the Tort & Insurance Practice Section, entitled "Punitive Damages: After BMW v. Gore," on August 5, 1997, in San Francisco, California.
- Moderator and Speaker, Oklahoma Bar Association/Oklahoma Trial Lawyers Association "Business Torts" Seminar, Topic: Interference with Prospective Economic Relationships, April 11, 1997, Tulsa, Oklahoma, and April 18, 1997, Oklahoma City, Oklahoma.
- American Legal Seminars, Inc. "Business Torts Forum," Topic: Damage Concepts and Methodologies in Business Tort Cases, October 9-10, 1995, Chicago, Illinois.
- Program Chair, Moderator and Speaker, Oklahoma Bar Association "The Law of Computers," Speaker Topic: Fundamentals of Computer Goods and Services Litigation, December 15, 1994, Oklahoma City, Oklahoma.
- Program Chair, Moderator and Speaker, Oklahoma Bar Association/Oklahoma Trial Lawyers Association "Business Torts Seminar," Speaker Topic: Interference with Economic Relations, October 28, 1994, Tulsa, Oklahoma, and November 4, 1994, Oklahoma City, Oklahoma.
- Oklahoma Bar Association "Northern Oklahoma Legal Institute," Topic: Business Torts, August 26, 1994, Enid, Oklahoma.
- Oklahoma Bar Association "Southeastern Oklahoma Legal Institute," Topic: Business Torts, August 19, 1994, McAlester, Oklahoma.
- Oklahoma Trial Lawyers Association/University of Oklahoma College of Advocacy, Workshop leader, 1993, Norman, Oklahoma.
- Oklahoma Trial Lawyers Association/University of Oklahoma College of Advocacy, Workshop leader, 1992, Norman, Oklahoma.
- Oklahoma Bar Association "Bridging the Gap from Law School to the Real World" Seminar, Topic: Handling Your First Trial, October 16, 1991, Oklahoma City, Oklahoma.
- Oklahoma Trial Lawyers Association/University of Oklahoma College of Advocacy, Workshop leader, August 12-13, 1991, Norman, Oklahoma.
- University of Oklahoma, Course Topic: Litigation Skills for Attorneys and Legal Assistants," May 19, 1989, Norman, Oklahoma.
Pro Bono
- Oklahoma Lawyers for Children - Volunteer Lawyer and Chairman of the Board
- Legal Aid for Western Oklahoma - Volunteer Lawyer
|
