Eric S. Newman

Director
Bar/Court Admissions
  • Pennsylvania
  • New Jersey
  • U.S. Court of Appeals for the 3rd Circuit
  • U.S. District Court of New Jersey
  • U.S. District Court for the Western District of Pennsylvania
Education
  • J.D., The Dickinson School of Law, Pennsylvania State University, 2002
  • B.A., summa cum laude, English/Philosophy/Political Science, Thiel College, 1999

Eric is an experienced litigator who helps corporate and individual clients successfully resolve the wide-ranging disputes that can arise in the course of their business endeavors.

He is a Director in the Litigation Group, representing insured policyholders in insurance coverage disputes with their carriers, assisting both employers and employees in non-compete covenant and trade secret disputes, and litigating corporate governance and shareholder dispute cases.

Eric is a graduate of Thiel College and the Dickinson School of Law of the Pennsylvania State University, where he obtained the law school’s Certificate in Dispute Resolution and Advocacy. He has spent his entire career at Cohen & Grigsby, starting as a summer associate in 2001, joining the Firm after law school in 2002, and being promoted to Director in 2010.

Insurance Coverage Litigation

  • Represented national restaurant chain franchisor in securing full defense and indemnification coverage from franchisee’s insurance carriers on serious personal injury claims asserted against franchisor, franchisee and franchisee’s management
  • Following protracted federal court litigation and mediation, secured a coverage-in-place settlement agreement for corporate policyholder with its primary and excess insurers arising from asbestos-related defense and indemnity costs, which settlement has resulted in reimbursements in the high eight-figures
  • Represented a products manufacturer policyholder in a state court lawsuit against liability insurers seeking coverage for historical, latent product liability claims, in which settlement was reached after a series of favorable court rulings
  • Represented policyholder client in arbitration and mediation of coverage dispute with excess insurer as to historical products liability claims, securing payment of full policy limits at present-day value
  • Assisted institutional client in compiling decades of historical primary, excess, and reinsurance policies and developed firm-hosted, interactive, electronic database for policies, coverage charts, policy registers, and ancillary agreements

Non-Compete and Trade Secret Litigation

  • Obtained a preliminary injunction in federal court under the Computer Fraud and Abuse Act on behalf of an industrial testing and staffing company against a former employee who had utilized external hard drives to appropriate confidential and proprietary business information from the company’s server and computer systems
  • Assisted employer in securing dismissal or reassignment of former employees from new positions with competitors that would violate non-compete/non-solicitation covenants
  • Following extensive computer forensic e-discovery and mediation, secured a substantial settlement in favor of corporate client against a competitor for claims of unfair competition and misappropriation of trade secrets
  • Represented intermodal freight hauling client in federal suit against former regional management team on claims of misappropriation of trade secrets, violation of federal Computer Fraud and Abuse Act, breach of fiduciary duty, and unfair competition, including computer forensic e-discovery that ultimately led to settlement
  • Counseled numerous employers on enforceability of their restrictive covenant agreements with high-level employees, measures to protect trade secrets and commercially sensitive information, and enhancements to existing covenants on going forward basis

Shareholder and Partnership Disputes

  • Defended members of a limited liability company against a lawsuit filed by a faction of dissident members seeking injunctive relief and damages and alleging breach of fiduciary duty, fraud, conversion of funds, and tortious interference with contract, securing a dismissal with prejudice of all claims in suit and release of purported $2 million in claims without any financial consideration paid by clients
  • Litigated partnership dispute over dissolution of small accounting firm and negotiated buy-out of partner’s interests in income and equity of firm

Commercial Litigation

  • Negotiated favorable resolution of commercial lease dispute on behalf of film production company filming a large-budget motion picture at local soundstage, avoiding threatened injunction lawsuit and production interruptions
  • Defended component parts supplier in multi-million dollar adversary proceeding filed by bankruptcy trustee alleging fraudulent transfers, seeking to recoup alleged preference payments, and seeking to impose successor liability for debtor’s liabilities, reaching settlement in mediation
  • Obtained summary judgment in state court for a plaintiff commercial landlord on its action to evict and recover unpaid back rent against its defaulting commercial tenant
  • Awarded summary judgment on behalf of plaintiff creditors against bank in action to recover funds fraudulently transferred to bank by third-party debtor without reasonably equivalent value under Pennsylvania Uniform Fraudulent Transfers Act
  • Defended manufacturer of promotional materials in preliminary injunction hearing in which upstream manufacturer of commercial printing press sought order disabling certain proprietary component parts; denial of injunction effectively ended suit
  • Obtained summary judgment in state court on behalf of plaintiff purchaser of real property directing specific performance of a contract for the sale of commercial real estate against seller that sought to avoid obligation to convey property
  • Negotiated favorable settlement on behalf of plastics manufacturer of product defect claims asserted by downstream end-user, avoiding costly multi-party litigation that would have jeopardized sub-contractor relationships
  • Represented commercial lender in enforcing and executing upon multi-million dollar confessed judgments secured by numerous commercial, agricultural, and residential properties throughout a Pennsylvania county
  • Negotiated favorable settlement on behalf of boutique hotel operation of lawsuit filed by hotel’s former third-party management company

Eric serves as a member of the Firm’s Hiring Committee and has conducted the on-campus summer associate interviews at Penn State’s Dickinson School of Law for the past several years.

Outside of the Firm, Eric currently sits on the Board of Associates of Thiel College. He had previously served his alma mater as a member of Thiel’s Alumni Board of Directors from 1999-2005.

Since 2006, Eric has also served as a member of the Civil Court Rules Committee of the Allegheny County Bar Association, a panel of local judges and practitioners that analyzes and offers recommendations on proposed changes to the Pennsylvania Rules of Civil Procedure and the Local Rules of the Allegheny County Court of Common Pleas.

Eric is a founding executive member of the Pittsburgh Chapter of the National Eagle Scout Association (NESA Pittsburgh), a nonprofit organization dedicated to keeping adult Eagle Scouts engaged in the Scouting movement throughout western Pennsylvania, currently serving as an executive member at large after having chaired the communications committee for a two-year period from the organization’s founding in 2011.

  • Presenter, C&G Academy, “Drafting an Effective Settlement Agreement,” December 2016
  • Presenter, C&G Academy, “The 2015 Amendments to the Federal Rules of Civil Procedure: New and Improved?,” March 2016
  • Presenter, C&G Academy, “Insurance Bad Faith,” November 2013
  • Presenter, National Business Institute, Bad Faith 101,” December 2012
  • Presenter, C&G Academy, “Corporate Espionage in the Electronic Age: Effective Strategies for Drafting Enforceable Agreements,” November 2010