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Erika C. Birg

Partner

Atlantic Station
201 17th Street NW
Suite 1700
Atlanta, GA 30363
50 N. Laura Street
41st Floor
Jacksonville, FL 32202
erika.birg@nelsonmullins.com
+ Other Locations

Erika C. Birg is a partner based out of the Atlanta office of Nelson Mullins Riley & Scarborough LLP. Ms. Birg focuses her practice on helping companies protect their businesses before, during, and after litigation, with experience in resolving business-to-business disputes through litigation, alternative dispute resolution, and state and federal appeals involving business torts, contract...

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Erika C. Birg is a partner based out of the Atlanta office of Nelson Mullins Riley & Scarborough LLP. Ms. Birg focuses her practice on helping companies protect their businesses before, during, and after litigation, with experience in resolving business-to-business disputes through litigation, alternative dispute resolution, and state and federal appeals involving business torts, contract disputes, trade secrets, computer fraud and non-compete matters.

 

disputes, trade secrets, computer fraud and non-compete matters.

 

Erika C. Birg is a partner based out of the Atlanta office of Nelson Mullins Riley & Scarborough LLP. Ms. Birg focuses her practice on helping companies protect their businesses before, during, and after litigation, with experience in resolving business-to-business disputes through litigation, alternative dispute resolution, and state and federal appeals involving business torts, contract... disputes, trade secrets, computer fraud and non-compete matters.

 

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Consults with clients and corporate attorneys 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
  • Leads litigation teams 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 and intellectual property claims
  • Handles all forms of customized dispute resolution, including mediation and arbitration, and, of course, litigation in federal and state courts
  • Leads teams in internal investigations and State of Georgia bid protests

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

  • Counsel clients regarding updating confidentiality agreements and restrictive covenants
  • Work directly with clients to identify and develop methods to protect trade secrets, including presenting internal seminars, engaging in trade secret audits, and revising policies and procedures
  • 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 (including start-ups) against claims of misappropriation and tortious interference with business and contractual relations. Several cases have involved multiple forums, including both arbitration and litigation, and simultaneous, parallel litigation in multiple states
  • Defend national company against allegations of trademark infringement in federal court
  • Defend innovative technology company against patent and Lanham Act claims in federal court
  • Consulted by Georgia’s General Assembly on Georgia’s new Restrictive Covenant Act prior to passage

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
  • Represent company in defense of claims for breach of contract and unjust enrichment related to work being performed at manufacturing facility and, in another matter, arising out of work performed at its foreign facilities (one case in federal court and another in arbitration)
  • Assist real estate developer in an arbitration, prosecuting claims and defending counterclaims in breach of alleged oral contract and unjust enrichment claims relating to management of real property
  • Represent foreign manufacturer in defense of breach of contract claims brought in federal court by U.S.-based distributor and in prosecution of counterclaims for breach of fiduciary duty, conversion and breach of contract
  • Represent lenders in actions against guarantors in federal court and in arbitration, seeking recovery of outstanding loans; defend against lender liability claims, including claims asserted in the billions of dollars
  • Defend successor company for violation of merger agreement

Representative Engagements - RICO, Fraud, and Business 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
  • Defend slander and libel claims brought in federal court against national association
  • Defend lenders in counterclaims of lender liability, alleging breach of fiduciary duty and promissory estoppel in federal court and arbitrations
  • Represent local business in dispute with competitor over defamation claims

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 internal investigation of C-Suite executive relating to claims of breach of fiduciary duty and potential misuse of corporate intellectual property
  • Led three teams in major internal investigation of accounting practices at Fortune 50 firm spanning over 18 months

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

Previous Professional Experience

  • Partner at another law firm in Atlanta and practiced in Washington, D.C. with Paul, Weiss, Rifkind, Wharton & Garrison LLP

Education

  • Emory University School of Law
  • University of North Carolina at Chapel Hill

Admissions

  • District of Columbia
  • Florida
  • Georgia
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Southern District of Georgia

Clerkships

  • Law Clerk, The Honorable Stanley F. Birch, Jr., U.S. Court of Appeals for the Eleventh Circuit
  • Law Clerk, The Honorable Willis B. Hunt, Jr., U.S. District Court for the Northern District of Georgia

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Senior Fellow, Litigation Counsel of America
  • Member, The American Arbitration Association's National Roster of Arbitrators for Commercial Disputes
  • Chair, Federal Bar Association - Atlanta Chapter, Northern District of Georgia Local Rules Committee
  • Secretary, Federal Bar Association – Atlanta Chapter
  • Board Member, Atlanta International Arbitration Society (AtlAS)
  • Member, National Litigation Executive Committee, The Federalist Society
  • Board Member, Atlanta Bar Association Dispute Resolution Section
  • Editorial Board Member (past), Georgia Bar Journal (1999-2001; 2006-13)
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