Eric Yaffe is the managing officer of the Washington, DC office of Gray Plant Mooty and cochair of the White Collar and Investigations team. His practice focuses on white collar and government investigations, complex civil litigation, and franchise litigation. From 1991-2000, Eric worked for the United States Department of Justice as an Assistant United States Attorney for the District of Columbia and as a Trial Attorney for the Public Integrity Section. From 1999-2000, Eric was Deputy Chief of the Department’s Campaign Finance Task Force. He has tried over 50 cases and has handled over 30 appeals in his career. He is currently serving, by appointment by the District of Columbia Court of Appeals, as the Vice-chair of the Board on Professional Responsibility for the District of Columbia, and as the Chair of the Board’s Rules Committee.
Eric has worked on numerous white collar matters over the years, representing companies and individuals in health care fraud, financial fraud, government contract fraud, obstruction of justice, Foreign Corrupt Practices Act, conflicts of interest, ethics, and other matters. He has also litigated a number of complex civil and franchise litigation cases, including shareholder disputes, employment issues, antitrust, trademark infringement, covenants not to compete, false advertising, breach of contract, and tort, among other matters.
Experience
White Collar
- Represented individual in Senate Ethics Committee investigation of Senator John Ensign (R. Nev.)
- Represented national health care provider in civil qui tam action brought in federal court in the State of Washington in which the Relator alleged violations of the Stark and Anti-kickback laws, and upcoding
- Represented former President of Taylor Bean Whitaker in criminal mortgage fraud case brought in federal court in Virginia
- Represented company and individuals who were subjects of grand jury investigation in the Southern District of New York concerning President Clinton’s pardon of Marc Rich
- Represented individual in government’s investigation of multi-national telecommunications company for alleged violations of the Foreign Corrupt Practices Act
- Represented former high-level executive of a large soft drink manufacturing and distribution company in the Department of Justice’s and SEC’s parallel investigations of the company for alleged false earnings claims
- Represented key witness in the Department of Justice’s investigation in California of the Milberg Weiss law firm for alleged improprieties in the bringing of class action lawsuits
- Represented Washington, DC, corporation in internal investigation of potential conflicts of interest
- Represented companies and individuals in Maryland, Virginia, and Minnesota in connection with allegations of government contract fraud
- Represented individual in jury trial in federal court in Virginia on conspiracy and obstruction of justice charges; trial resulted in client’s acquittal on all charges
Civil/Franchise Cases
- Represented several large national franchisors in federal courts across the country in preliminary injunctions concerning covenants not to compete, non-payment of royalties, and trademark infringement
- Represented national franchisor in jury trial in Florida concerning dispute over development rights. Jury found in client’s favor on all counts
- Represented minority shareholder in action brought against majority shareholder of automobile dealerships in Michigan
- Represented shareholder of a Virginia corporation in breach of contract and employment dispute involving other shareholders
- Represented political fundraising and compliance software company against allegations brought in federal court in Washington, DC, by competitor that it had engaged in false and deceptive advertising in violation of the Lanham Act; after 5-day trial, court found in favor of client on all counts brought against it
- Represented national sandwich shop franchisor in antitrust case brought against it in San Diego, California by approximately 100 franchisees; prevailed on summary judgment on most counts, and then remainder of matter settled on favorable terms for client
- Represented national ice cream shop franchisor in federal court action brought against it for breach of contract, fraud, and making false earnings claims in its FDD; prevailed on motion to dismiss all counts
Publications
(author or coauthor)
- “The Foreign Corrupt Practices Act: What Every International Franchisor Must Know,” International Franchise Association 45th Annual Legal Symposium, May 2012
- “Joint Representation of Franchisors, Their Officers, Employees, and Affiliates in Litigation,” 34th Annual ABA Forum on Franchising, October 2011
- “FCPA: Good Compliance and Monitoring Will Keep the Government at Bay,” GPM In-House Litigator, Spring 2011
- “Defensive Measures and Focal Points in the White Collar Legal Arena,” chapter in Managing White Collar Legal Issues, Aspatore/Thomson Reuters, 2011
- "Caught in the Crosshairs: Strategies for Responding When Health Regulators Come Calling," 2010 Health Law Institute, Minneapolis, Minnesota, June 10, 2010
- “The Foreign Corrupt Practices Act: Implications on Systems, Franchisees,” Franchising World, April 2009
- "Mandating English Language Proficiency for Franchisees," ABA Franchise Law Journal, Volume 28, Number 3, Winter 2009
- “Government Investigations of Antitrust Issues,” Law Seminars International Pharmaceutical Antitrust Conference, April 2008
- "Minimum Resale Pricing Policies in the Wake of Leegin v. Creative Leather," The Franchise Lawyer, September 2007
- “Protecting the Franchise System with Restrictive Covenants Against Competition,” International Franchise Association 40th Annual Legal Symposium, May 2007
- “Nuts and Bolts of Government Investigations,” Law Seminars International Pharmaceutical Antitrust Conference, April 2007
- "The Warranty Report: A Survey of Marine-Specific State Warranty Statutes (2004)," National Marine Manufacturers Association, January 2005
- “Supply and Distribution Issues in Franchising,” Franchising World, June 2004
- “Utilizing Cross Default Provisions in Franchise Agreements,” The Franchise Lawyer, Summer 2003
Presentations
- “Staying on the Right Side of the Line—How to Avoid Bar Complaints,” moderator, 2013 District of Columbia Judicial and Bar Conference, April 19, 2013
- “Emerging Ethical Considerations for Lawyers in the Age of Increased Whistleblower Activity,” ACI Advanced Summit on White Collar Litigation, January 2013
- “Responding to Government Investigations: A Practical Anatomy,” panelist, GPM White Collar Roundtable, October 30, 2012
- “The Foreign Corrupt Practices Act: What Every International Franchisor Must Know,” moderator, International Franchise Association 45th Annual Legal Symposium, Washington, DC, May 2012
- “Joint Representation of Franchisors, Their Officers, Employees, and Affiliates in Litigation,” 34th Annual ABA Forum on Franchising, Baltimore, Maryland, October 20-21, 2011
- “Government Investigations: The Tricks, Traps, and Technicalities,” panelist, GPM White Collar Roundtable, April 14, 2011
- "E-Discovery in Franchise Disputes," roundtable facilitator, International Franchise Association 43rd Annual Legal Symposium, Washington, DC, May 18, 2010
- "Priorities at the U.S. Attorney’s Office Under the New Administration - A Conversation with New U.S. Attorney B. Todd Jones," panelist, October 2009
- “Government Investigations of Antitrust Issues,” Law Seminars International Pharmaceutical Antitrust Conference, Washington, DC, April 2008
- “Protecting the Franchise System with Restrictive Covenants Against Competition,” International Franchise Association 40th Annual Legal Symposium, Washington, DC, May 2007
- “Nuts and Bolts of Government Investigations,” Law Seminars International Pharmaceutical Antitrust Conference, Washington, DC, April 2007
- “Trial Demonstration,” ABA Health Care Fraud Conference, Ft. Lauderdale, Florida, May 2006
- “Franchising in the United States,” 5th Annual Convention on Franchising, Itaparica, Brazil, October 2005
- “White Collar Crime,” The Connection (National Public Radio), March 2004
- “Supply and Distribution Issues,” International Franchise Association 37th Annual Legal Symposium, moderator, Washington, DC, May 2004
- “Criminal Liability and Prosecution Under McCain-Feingold,” Georgetown University, panelist, Washington, DC, November 2003
- “The Cheney Syndrome,” The Connection (National Public Radio), January 2002
- “Prosecuting Cases in a Fishbowl,” Council on Government Ethics Laws, panelist, Tampa, Florida, December 2000
Education
- University of Chicago Law School, J.D., 1986
- Oberlin College, 1981
Bar Admissions
- Commonwealth of Massachusetts
- District of Columbia
- Minnesota
- U.S. Courts of Appeals, First, Fourth, Ninth, and DC Circuits
- U.S. Court of Federal Claims
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Maryland
- U.S. District Court, Massachusetts
Professional Activities
- International Franchise Association
- American Bar Association, Forum Committee on Franchising, White Collar Crime and Litigation sections
- District of Columbia Board on Professional Responsibility, Vice-chair; and Rules Committee, Chair
Honors and Distinctions
- “The Best Lawyers in America,” Woodward/White
- Chambers USA: America’s Leading Lawyers for Business
- “Washington, DC Super Lawyer,” Super Lawyers
- “Top Lawyer” in Washington, DC, Washingtonian Magazine
- Marquis Who’s Who in America