Erika C. Birg is a partner in the Atlanta office of Nelson Mullins Riley & Scarborough LLP. Ms. Birg focuses her practice on commercial litigation, alternative dispute resolution, business torts, contract disputes, trade secrets, computer fraud and non-compete matters.

Experience

• Assists clients with protecting their business interests in complex commercial litigation cases involving fraud, federal and state RICO claims, defamation, breach of contract, breach of fiduciary duty and duty of loyalty, as well as trade secret misappropriation, franchise disputes, and intellectual property claims
• Experience in various forms of dispute resolution, including mediation and arbitration, as well as litigation in federal and state courts
• Has led complex internal investigations and State of Georgia bid protests
• Consults on revisions to business-to-business merger and asset acquisition contracts, limited liability company agreements, employment agreements, invention assignment agreements and noncompetition agreements, as well as confidentiality and non-disclosure agreements designed to protect commercially sensitive and proprietary information
• Presents and writes on topics related to trade secrets, restrictive covenants and RICO matters

Representative Engagements - Intellectual Property, Trade Secret, and Unfair Competition Litigation

• Prosecute claims against business competitors for trade secret misappropriation, false advertising and unfair competition in federal courts in two states and defend against counterclaims alleging unfair competition and violations of the Lanham Act
• Represent national companies as plaintiffs’ counsel seeking to prevent misappropriation of trade secrets and breach of noncompetition agreements through injunctive relief and to recover damages through litigation
• Defend companies against claims of misappropriation and tortious interference with business and contractual relations. Several cases have involved multiple forums, including both arbitration and litigation, and litigation in multiple states

Representative Engagements - Business Agreement Litigation and Dispute Resolution

• Advise clients regarding contractual obligations before and after execution, regarding the enforceability of agreements, and about the duties arising by virtue of agreements, particularly the obligations of members and partners in the limited liability company and partnership arenas
• Represent limited liability company members in various disputes involving claims of breach of fiduciary duty, conversion, and breach of the limited liability company agreement
• Represent fifty-percent shareholder of closely held corporation against other shareholder in dispute over misappropriation of corporate funds and abuse of fiduciary duty

Representative Engagements - Internal Investigations

• Led nearly three-month internal investigation for government contractor upon discovery of employee-created conflicts of interest
• Led internal investigation of billing practices of national professional services firm
• Led three teams in major internal investigation of accounting practices at Fortune 50 firm spanning over 18 months

Representative Engagements - RICO, Fraud, and Tort Actions

• Represent defendant in federal class action case alleging fraud and RICO conspiracy
• Lead defense of corporation and individual employee against claims of fraud and RICO conspiracy relating to terms of employment and exercise of certain stock options
• Prosecute claims for company against business that submitted false invoices and prosecute claims for successor liability against related business

Representative Engagements - Bid Protests

• Represent services company in protesting Request for Proposal from Georgia Department of Administrative Services
• Represent company in administrative bid protest before the State of Georgia Department of Administrative Services after full-scale re-bidding of project