Eric L. Yaffe

"Eric is the litigator par excellence. He is smart, knows the franchise area intimately and is a very good trial attorney. We have entrusted Eric with important matters over the years, with outstanding results, and I have no hesitation in calling on him to represent our company in court. He is excellent," said one client.

Eric Yaffe provides exceptional advocacy and strategic support in high-stakes litigation and investigations nationwide. When asked about his litigation approach, Eric said, "I maintain a commitment to the success of our clients. My job is to overturn every stone and know the case better than my adversary. I advocate vigorously while looking for opportunities to resolve matters in a manner that will achieve our client's goals."

Complex & Franchise Litigation

With a history of more than 60 trials, Eric handles complex legal challenges for multi-billion-dollar corporations and individuals. Eric excels in complex civil and franchise litigation as well as white-collar criminal matters where he brings a strategic and meticulous approach to each matter. Clients benefit from his deep knowledge, strategic acumen and unwavering commitment to achieving favorable results, making him a formidable advocate in both high-stakes litigation and ethics matters.

His practice encompasses a broad spectrum of industries that reflect his ability to navigate diverse and intricate landscapes. These industries include:

• Automotive dealerships
• Franchise & distribution
• Health care
• Hospitality / Hotels
• Non-profits
• Restaurants, food & beverage
• Technology

Ethics & Professional Responsibility

Eric's commitment to legal ethics further distinguishes him. He has provided invaluable counsel to law firms and individuals on admissions to the bar and alleged violations of the rules of professional conduct. He has been retained by clients as an authority on ethics matters. His current roles as chair of the Advisory Committee on Admissions and Grievances for the U.S. Court of Appeals for the District of Columbia Circuit, and Vice-Chair of the D.C. Legal Ethics Committee, along with his previous position as Chair of the Board on Professional Responsibility for the District of Columbia, underscore his dedication to upholding the highest ethical standards in the legal profession.

Government Investigations & White-Collar Defense

Eric is the chair of Lathrop GPM's Investigations & White-Collar Defense team and represents corporations and individuals in white-collar and government investigations, addressing issues from health care and financial fraud to government contract fraud and Foreign Corrupt Practices Act violations. His adept defense of clients in complex investigations ensures that the clients receive comprehensive and strategic legal support tailored to their specific needs. His practice covers, among other matters, the False Claims Act, trade secrets, fraud, insider trading, conflicts of interest, antitrust, bribery and election law violations.   

Before joining the firm, Eric worked for the U.S. Department of Justice, where he was an Assistant United States Attorney for the District of Columbia, a Trial Attorney in the Public Integrity Section and Deputy Chief of the Department's Campaign Financing Task Force. His background as a federal government prosecutor enhances his ability to navigate and resolve complex government investigations.

WHEN ASKED …

Why did you become a lawyer?

I became an attorney because I wanted to make a difference to those I represent. In addition, the law's intricacy and complexity drew me in, and the constant emergence of new challenges keeps the practice of law incredibly interesting. Every day brings something new, making the profession both dynamic and rewarding.

What do you do outside of work?

Outside of work, I enjoy outdoor activities like jogging, playing tennis and hiking. I love spending time with my family, including my children and grandchildren, and I am an avid follower of Boston sports teams.

REPRESENTATIVE EXPERIENCE

Complex & Franchise Litigation

• Prevailed for a hotel client in two arbitrations where the exposure to the client was several million dollars. Attorney's fees and costs were awarded in each case.
• Represented an international franchisor in five class actions brought in various federal and state courts for alleged improper imposition of sales taxes. Prevailed in each case on motion to dismiss or otherwise.
• Represented a non-profit charitable foundation in a federal court bench trial against another non-profit organization. The court found in favor of the client and against the defendant on its counterclaims.
• Represented an international franchisor in a 12-day arbitration concerning a supply and distribution dispute with a Mexican franchisor. Prevailed on all counts.
• Represented a large national franchisor in a federal jury trial in Pennsylvania, defending against an alleged multi-million-dollar breach of the development agreement, which resulted in a finding of no liability on all counts for the client.
• Represented a national franchisor in a jury trial in Florida concerning a dispute over development rights. The jury found in the client's favor on all counts.
• Represented a minority shareholder in an action brought against a majority shareholder of automobile dealerships in Michigan. The matter was settled prior to trial.
• Represented a shareholder of a Virginia corporation in breach of contract and employment dispute involving other shareholders. The matter was settled prior to trial.
• Represented political fundraising and compliance software company against allegations brought in federal court in Washington, D.C. by a competitor that it had engaged in false and deceptive advertising in violation of the Lanham Act; after a 5-day trial, the court found in favor of the client on all counts brought against it.
• Represented a national sandwich shop franchisor in an antitrust case brought against it in San Diego, California by approximately 100 franchisees; prevailed on summary judgment on most counts, and then the remainder of the matter settled prior to trial.
• Represented a national ice cream shop franchisor in a federal court action brought against it for breach of contract, fraud and making false earnings claims in its Franchise Disclosure Document (FDD); prevailed on a motion to dismiss all counts.

Government Investigations & White Collar 

• Handled a Department of Labor investigation on behalf of a health care client involving allegations of violations of ERISA.
• Conducted internal investigation of potential False Claims Act violations for a national health care contractor based in the Midwest.
• Represented Midwest healthcare clinic in Stark and anti-kickback civil qui tam matter brought in federal court and investigated by the U.S. Department of Justice.
• Handled a 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 against a national health care provider.
• Represented individuals in investigations and cases brought by the U.S. Department of Justice in the Northeast alleging violations of trade secret laws.
• Handled a Stark and False Claims Act investigation by the U.S. Attorney's Office in Virginia for a physician group.
• Represented former President of Taylor Bean Whitaker in a criminal mortgage fraud case brought in federal court in Virginia.
• Represented an individual in the government's investigation of a multi-national telecommunications company for alleged violations of the Foreign Corrupt Practices Act.
• Represented a 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 a Washington, D.C. corporation in an internal investigation of potential conflicts of interest.
• Achieved an acquittal on all charges in a federal jury trial in Virginia for an individual charged with conspiracy and obstruction of justice charges.
• Represented an individual in the Senate Ethics Committee investigation of Senator John Ensign (R-Nev.).
• Represented a 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.

Below is a select list of Eric's presentations: 

• Co-presenter, "Current Trends in State Attorney General Investigations," Lathrop GPM 2024 State of Litigation, May 21, 2024
• Panelist, "What Franchise Litigators Wish Transactional Attorneys Knew About Litigation," 2024 IFA Legal Symposium, May 7 and May 8, 2024
• Interviewer, "Post-Game Interview: DeMaurice Smith, Executive Director, NFL Players Association," Lathrop GPM 2023 State of Litigation: Draft Edition, April 12, 2023
• Speaker, "The Unwelcome Phone Call: Responding to Regulatory Audits and Investigations," ABA Forum on Franchising, October 19, 2017
• Roundtable facilitator, “Avoiding Malpractice in the Representation of Franchisors and Franchisees,” International Franchise Association 50th Annual Legal Symposium, Washington, D.C., May 10, 2017
• Presenter, "Foreign Corrupt Practices Act and Other Anti-Bribery Laws: Implications on International Franchise Expansion," September 22, 2015
• Roundtable facilitator, "The Foreign Corrupt Practice Act in the International Franchising Context,” International Franchise Association 48th Annual Legal Symposium, Chicago, Illinois, May 5, 2015
• Presenter, “Current Trends in Legal Ethics,” Litigation Counsel of America Fall Conference, New Orleans, LA, October 2014
• Presenter, Advanced Forum for False Claims & Qui Tam Enforcement, January 27-28,2014
• Presenter, “Negotiated Disciplinary Proceedings,” DC Board on Professional Responsibility Hearing Committee Training Program, Washington, DC, January 24, 2014
• Moderator, “Staying on the Right Side of the Line — How to Avoid Bar Complaints,” 2013 District of Columbia Judicial and Bar Conference, April 19, 2013
• Presenter, “Emerging Ethical Considerations for Lawyers in the Age of Increased Whistleblower Activity,” ACI Advanced Summit on White Collar Litigation, January 1, 2013
• Moderator, “The Foreign Corrupt Practices Act: What Every International Franchisor Must Know,” International Franchise Association 45th Annual Legal Symposium, Washington, DC, May 1, 2012
• Presenter, “Joint Representation of Franchisors, Their Officers, Employees, and Affiliates in Litigation,” 34th Annual ABA Forum on Franchising, Baltimore, Maryland, October 20, 2011
• Roundtable facilitator, “E-Discovery in Franchise Disputes,” International Franchise Association 43rd Annual Legal Symposium, Washington, DC, May 18, 2010
• Presenter, “Government Investigations of Antitrust Issues,” Law Seminars International Pharmaceutical Antitrust Conference, Washington, DC, April 2008
• Panelist, “Criminal Liability and Prosecution Under McCain-Feingold,” Georgetown University, Washington, DC, November 2003

Below is a select list of Eric's publications: 

• Author, "What Franchise Litigators Wish Transactional Attorneys Knew About Litigation," 2024 IFA Legal Symposium paper, May 2024
• "The Unwelcome Phone Call: Responding to Regulatory Audits and Investigations," author, Franchise Law Journal, January 2018
• "What Trial Lawyers Can Learn From Deflate-gate," 7 Litigation Commentary & Review 12, April 7, 2015
• "Joint Representation of Franchisors, Their Officers, Employees, and Affiliates in Litigation," 34th Annual ABA Forum on Franchising, October 2011
• "Defensive Measures and Focal Points in the White Collar Legal Arena," chapter in Managing White Collar Legal Issues, Aspatore/Thomson Reuters, January 2011
• "Caught in the Crosshairs: Strategies for Responding When Health Regulators Come Calling," 2010 Health Law Institute, June 10, 2010
• "The Foreign Corrupt Practices Act: Implications On Systems, Franchisees," Franchising World, April 2009
• "Mandating English Language Proficiency For Franchisees," Franchise Law Journal, January 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, October 2007

• American Bar Foundation, Fellow
• Litigation Counsel of America, Senior Fellow
• International Franchise Association
• American Bar Association, Forum Committee on Franchising, White Collar Crime and Litigation sections
• The District of Columbia Court of Appeals: Chair of the Board on Professional Responsibility for the District of Columbia, 2014-2016
  • Advisory Committee on Admissions and Grievances, Chair, 2021-present
  • D.C. Legal Ethics Committee, 2021-present; Vice Chair, 2024-2025

• Selected among The Best Lawyers in America©, 2013-2025
• Chambers USA: America's Leading Lawyers for Business, Nationwide Franchise, 2010-2024
• Washington, D.C. Super Lawyers, 2010, 2012-2024
  • "Top 100," 2018
• The International Who’s Who of Franchise Lawyers, 2015-2023
• "Client Service All-Star," BTI Consulting Group, 2020
• AV® Preeminent™ Peer Review Rated from Martindale-Hubbell