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 and 2023

AV Preeminent, Martindale-Hubbell, since 2022

EXPERIENCE/REPRESENTATIVE CASES

Political and Government

  • Pennsylvania General Assembly in the Commonwealth Court’s original jurisdiction brought by the Governor and Secretary of State
  • Pennsylvania General Assembly in King’s Bench Petition brought by the Governor and Secretary of State
  • Pennsylvania Senate Secretary-Parliamentarian in an election-related matter
  • Former Speaker of the Pennsylvania House, Pennsylvania House Majority and Minority Leaders, in First Amendment and employment discrimination lawsuits
  • County government in First Amendment political speech case in federal court
  • City mayor in defamation and Fourteenth Amendment case
  • Senate security official in an employment discrimination action

Commercial Litigation

  • Global pharmaceutical distribution corporation in national opioid litigation
  • National debt-relief company in an unfair trade practice suit
  • Plaintiff CEO of a regional construction company in a civil fraud action involving employee and contractor theft
  • Plaintiff business owner in civil fraud action involving national mail fraud scheme
  • San Diego-based nonprofit mental health provider in a contract dispute with a vendor
  • Plaintiff CEO of a national travel company in dispute with a global automobile manufacturer
  • Owner of a residential building company in a business separation dispute
  • Plaintiff credit union in a trademark dispute
  • CEO of tire and automobile parts retailer in litigation
  • Regional telecom company in contract dispute and fraud case

Employment Litigation

  • National defense contractor in ADA claim
  • National retail chain in sexual discrimination action
  • National travel and vacation booking company in Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) case
  • Lumber manufacturer in numerous employment discrimination cases
  • National tire retailer in transgender discrimination case
  • Regional telecom in case brought under the Fair Labor Standards Act (FLSA)
  • Regional credit union in state and federal employment discrimination case
  • Defense of numerous state Wage Payment and Collection Law matters
  • Agricultural supplier in National Labor Relations Board (NLRB) and Pennsylvania Human Relations Commission (PHRC) union activity and religious discrimination case
  • County government in numerous employment discrimination claims
  • Labor grievance arbitrations on behalf of city government

White Collar Defense, Public Corruption & Investigations

  • National wine and spirits executive in federal public corruption probe
  • Elected state official in federal grand jury investigation led by Special Prosecutor Jack Smith
  • State Senator in statewide grand jury investigation
  • State Cabinet Secretary in federal grand jury investigation
  • State Representative in grand jury investigation
  • Trial counsel for State Representative in-state public corruption prosecution
  • County prison in statewide grand jury investigation
  • State Senator in state computer crimes case
  • Pharmacies in regulatory enforcement actions brought by the Department of Justice (DOJ)
  • New York City-based real estate developer in federal grand jury investigation related to a federal audit
  • Los Angeles-based marketing executive in an insurance fraud and corrupt organizations case prosecuted by the Pennsylvania Office of Attorney General
  • Local and state public officials in investigations and prosecutions brought by the State Ethics Commission
  • Roman Catholic Diocese internal investigation in connection with allegations of inappropriate conduct
  • Regional hospital system internal investigation relative to claims of provider-patient sexual abuse
  • National gym franchise internal investigation stemming from complaints of management-level workplace misconduct
  • Municipal police departments and fire departments internal investigations relating to allegations of hostile work environments, excessive force, leave abuse and sex discrimination

Professional Licensing and Ethics Defense

  • National law firm in defense of threatened Dragonetti action stemming from anti-trust litigation
  • State prosecutor in disciplinary enforcement action stemming from allegedly Brady violations
  • Software company law firm conflict-of-interest, breach of fiduciary duty, and fraud case
  • Prominent attorney in federal obstruction of justice probe
  • State court judge in action brought by Judicial Conduct Board
  • Physicians, dentists, nurses and other licensed professionals in licensure actions brought by the Pennsylvania Department of State

MEMBERSHIPS

Pennsylvania Association of Criminal Defense Lawyers, Rules Committee

Bar Admissions

Pennsylvania