Profile

Litigator Erik R. Anderson’s practice focuses on navigating companies and professionals in sensitive and complex governmental and commercial litigation, white collar government investigations and regulatory enforcement actions, attorney ethics defense and professional licensing prosecutions. Clients who engage Erik often find themselves confronted by the intense glare of professional, political, reputational or media scrutiny.

Government Services and Appellate Law
Erik has represented clients at the nexus of government, law and public policy for nearly two decades. With that, he has represented elected and appointed officials — from both sides of the aisle — from each branch of Pennsylvania state government, each Chamber of the Pennsylvania General Assembly and the General Assembly itself in civil, appellate, criminal or administrative proceedings. He also has significant experience briefing and arguing constitutional issues before state and federal trial and appellate courts.

Commercial Disputes and Litigation
Erik represents plaintiffs and defendants in various disputes in federal and state courts and arbitration forums. He has helped clients avoid the cost and risks of courtroom battles by achieving highly favorable pre-suit and pretrial outcomes and has handled matters involving:

  • Breach of fiduciary duty and breach of contract
  • Corporate governance
  • Defamation
  • Employment
  • Energy litigation
  • Fraud
  • Intellectual property
  • Lanham Act
  • Partnership disputes
  • Restrictive covenants
  • Trade secrets
  • Unfair trade practices

White Collar Defense, Public Corruption and Investigations
Erik defends businesses and individuals in white collar government investigations, regulatory enforcement proceedings, federal and state grand jury investigations, and trials. His white-collar representations have included high-profile public corruption cases and several confidential matters where charges were avoided. Erik is regularly called on to conduct sensitive internal investigations for law firms, businesses, government agencies and religious institutions.

Professional Licensing and Ethics Defense
He brings experience providing counsel to attorneys and law firms, responding to ethics inquiries and defending against prosecutions brought by the Office of Disciplinary Counsel of the Disciplinary Board of the Supreme Court of Pennsylvania. In addition, Erik defends judges before the Judicial Conduct Board. He advises on various ethics issues, including conflicts of interest, attorney misconduct, fees, firm organization, unauthorized practice of law and defending and prosecuting disqualification actions.

Previous Experience
Before entering private practice, Erik spent nearly a decade in government service, first as a Deputy Chief Counsel with the Pennsylvania General Assembly and then as a Deputy Attorney General with the Pennsylvania Office of Attorney General (OAG). As Agency Counsel for the OAG, he served as chief in-house counsel and represented the office in labor and employment litigation matters. He also conducted internal investigations into misconduct allegations by law enforcement agents and prosecutors in collaboration with the Office of Professional Responsibility.

Before joining McNees, Erik was a commercial litigator at Post & Schell, P.C., where his practice was concentrated on complex commercial, governmental, and employment litigation; attorney and law firm defense; government investigations; and internal investigations. He also was the lead attorney in the Harrisburg office of Myers, Brier & Kelly, LLP.


PUBLICATIONS AND SPEAKING ENGAGEMENTS

  • February 15, 2023 — “The Formalities & Ethics of Billing,” Dauphin County Bar Association CLE
  • August 18, 2021 —”Avoiding Legal Malpractice: Identifying Actions You Can Take to More Effectively Manage Your Risks,” Dauphin County Bar Association CLE Webinar
  • May 19, 2021 —”‘Up the Ladder’ Reporting: Counsel’s Ethical Obligations for Addressing Potential Misconduct by Executive-Level Managers,” West LegalEdcenter CLE Webinar
  • April 2019 —”Fourth Amendment Search & Seizure,” Widener Commonwealth Law Review Symposium
  • October 2017 —”Medical Cannabis Educational Summit,” Dauphin County Bar Association
  • May 2017 — “When Friendship Turns to Peril – Ethical Guidelines of Relations and Contacts with the Judiciary,” Dauphin County Bar Association
  • 2016 — “The Civil Administrative Consequences of Criminal Actions: Complexity, Curtailment, and Convictions,” Pennsylvania Bar Institute (PBI)

EDUCATION

Widener University School of Law, J.D.

University of Delaware, B.A., Political Science

HONORS/AWARDS

The Best Lawyers in America©, Best Lawyers®, 2022, 2023, 2024, 2025

AV Preeminent, Martindale-Hubbell, since 2022

EXPERIENCE/REPRESENTATIVE CASES

Governmental and Constitutional Litigation

  • Pennsylvania General Assembly against Governor in Commonwealth Court original jurisdiction and King’s Bench Petition to Pennsylvania Supreme Court
  • Pennsylvania Senate Chief Sergeant-at-Arms in separation-of-powers dispute over legislative contempt imprisonment powers—first invocation in 50 years
  • Former Speaker of the House and legislative leaders in First Amendment and employment discrimination litigation
  • Pennsylvania Senate Secretary-Parliamentarian in Commonwealth Court election litigation
  • City mayor in defamation and Fourteenth Amendment claims
  • County government in federal First Amendment political speech case
  • Senate security official in employment discrimination action

Complex Commercial Litigation

  • Global pharmaceutical distribution corporation in national opioid litigation
  • Plaintiff pursuing federal fraud prosecution referral for misappropriation of opioid settlement funds
  • Business owner plaintiff in civil fraud action involving national mail fraud scheme
  • Construction company CEO plaintiff in fraud action for employee and contractor theft
  • Medical management company majority member defending breach of fiduciary duty claims by minority investors
  • Automotive dealership in shareholder oppression dispute involving franchise agreement compliance with Ford Motor Company
  • Regional telecom company in multi-million dollar contract dispute and fraud litigation
  • Travel company CEO in dispute with global automobile manufacturer
  • Residential building company owner in business dissolution and separation dispute
  • National debt-relief company defending unfair trade practices claims
  • Credit union plaintiff in trademark infringement action
  • Software company defending law firm’s conflict-of-interest and breach of fiduciary duty claims

White Collar Defense and Government Investigations

  • Elected state official in federal grand jury investigation led by Special Prosecutor Jack Smith
  • Trial counsel for State Representative in public corruption prosecution
  • State Cabinet Secretary in federal grand jury investigation
  • Multiple state legislators in grand jury investigations involving public corruption, computer crimes, and ethics violations
  • National wine and spirits executive in federal public corruption probe
  • Automotive dealership group in federal PPP loan investigation and DOJ response
  • Pharmaceutical companies in DOJ regulatory enforcement actions
  • Regional visitors bureau internal investigation—uncovered $800,000 embezzlement through fraudulent vendor schemes
  • Roman Catholic Diocese internal investigation regarding clergy misconduct allegations
  • Jehovah’s Witness members in Pennsylvania OAG criminal probe into the institution
  • Regional hospital system internal investigation of provider-patient abuse allegations
  • Municipal police and fire departments—internal investigations of hostile work environment, excessive force, and discrimination claims
  • Los Angeles marketing executive in insurance fraud and corrupt organizations prosecution
  • New York real estate developer in federal grand jury investigation related to federal audit

Employment Litigation

  • Employer defending workplace violence litigation involving wrongful death claims
  • National defense contractor in ADA litigation
  • Agricultural supplier before NLRB and PHRC in union activity and religious discrimination matters
  • County government defending multiple employment discrimination claims
  • Defense of transgender discrimination claim for national retailer
  • FLSA collective action defense for regional telecommunications company

Legal Ethics and Professional Licensure Defense

  • State prosecutor before Office of Disciplinary Counsel for alleged Brady violations
  • State court judge before Judicial Conduct Board
  • Attorney defending medical malpractice-related disciplinary charges
  • Prominent attorney in federal obstruction of justice investigation
  • National law firm defending threatened Dragonetti action arising from antitrust litigation
  • Physicians, dentists, nurses, and other licensed professionals before Pennsylvania Department of State licensing boards

MEMBERSHIPS

Pennsylvania Association of Criminal Defense Lawyers, Rules Committee

Bar Admissions

Pennsylvania