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Contact Eric S. Engel

Phone: 310-998-9100
E-Mail: e.engel@conklelaw.com
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Conkle, Kremer & Engel, PLC
3130 Wilshire Boulevard, Suite 500
Santa Monica, California
90403

Eric S. Engel

Eric Engel represents clients in complex business litigation in state and federal courts.  His appellate practice includes briefing and arguing to the Ninth Circuit Court of Appeal and the California Court of Appeal, and briefing to the California Supreme Court.

Eric’s cases include prosecution and defense of breach of contract claims, fraud, racketeering (RICO), manufacturer-distributor relations, sales commission issues, professional liability, trade secret misappropriation, intellectual property, unfair competition, real estate and construction disputes.  He has litigated jury trials and has conducted arbitration and mediation proceedings.  Eric also pursues insurance bad faith and breach of contract claims on behalf of policyholders.

Experience, Presentations and Publications

Representative Engagements

  • Jury trial resulting in $6.2 million judgment for sales representative who was refused his commissions.  Judgment upheld on appeal in the first California precedent confirming right to treble damages for breach of sales commission contract.
  • Obtained first published decision establishing that it is a crime and unfair competition in California to possess personal care products with manufacturer’s codes removed or altered.
  • Obtained published Federal Court decision that retailers can be liable for interference with contract for sales of diverted, decoded and counterfeit products.
  • Represented a contract manufacturer sued by a private label purchaser for misrepresenting personal care product ingredients, including settlement and arbitration against insurer that achieved net-zero cost to client.
  • Represented major wholesale personal care products distributor in acquisition by large national distributor.
  • Represented wholesale personal care products distributor in RICO litigation against international manufacturer in termination dispute, and obtained a judgment and monetary recovery against manufacturer.
  • Won arbitration award determining that manufacturer did not need good cause or prior notice to terminate distributor.
  • Represented food manufacturer in multi-jurisdiction action to defend claims of misappropriation of trade secret recipes asserted by former partner.
  • Prevailed in commercial unlawful detainer jury trial against nightclub tenant for non-rent lease violations, resulting in termination of lease and damages award of rent for balance of lease term.
  • Represented commercial building owners in litigation with management company and insurer after owners suffered liability to tenant.  Established that insurer breached its duty to defend building owners.
  • Established at trial that plaintiff had destroyed computer and physical evidence, leading to dismissal of claims that commercial machinery distributor had committed fraud and breached warranties in sale.
  • Defeated summary judgment motion by Bank of America to enforce its standard loan guarantee, resulting in dismissal of guarantor for nominal settlement.
  • Prevailed on appeal of professional liability action, resulting in $4 million settlement of claim against international law firm.
  • Obtained steeply discounted settlement for partners in Small Business Investment Company against claims by SBA for unfunded capital contributions
  • Won award transferring ownership of disputed Internet domain name for owner of trademark for personal care products.
  • Prosecuted claims against national banks for negligence and banking law liability for negotiating embezzled checks written by manufacturer’s bookkeeper over several years, recovering all embezzlement losses.
  • Defended contract interference and trade secret misappropriation when telephone and data equipment reseller hired key employees from a failing business that was later acquired by a competitor.

Presentations

  • “Collecting from Principals,” Electronics Representatives Association Southern California Owner’s Forum, 2014

Publications

  • “Breach of Oral Contract, Treble Damages,” Los Angeles Daily Journal, August 13, 2013
  • Featured in “Fallout from an Oral Contract,” Agency Sales Magazine, January 2014
  • “Advertising and Marketing on Cable Television: Whither the Public Interest?,” 31 Catholic University Law Review 227 (1982) (Co-Author)

Education

  • George Washington University School of Law, J.D., with honors, 1982
  • University of California at Los Angeles, B.A., cum laude, 1979

Professional Associations

  • Los Angeles County Bar Association, Business Section
  • Beverly Hills Bar Association

Admissions

  • State Bar of California, 1982
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • All Federal Courts in California
  • District of Columbia Court of Appeals (Inactive)

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