Seth M. Erickson

Seth represents clients in a wide variety of complex disputes, including insurance, securities, privacy, bankruptcy, and other commercial litigation. He has successfully litigated cases in trial and appellate courts across the U.S., and he has first-chair jury trial experience and first-chair arbitration experience before FINRA. Seth also investigates securities and privacy disputes, and advises clients on coverage issues under directors and officers, cyber, and employment practices liability policies.

• Investigated matters on behalf of clients involving alleged securities violations, fraud, and conversion.
• Acted as lead counsel in FINRA arbitration involving alleged securities violations.
• Obtained dismissal of lawsuit alleging fraud and conversion in connection with factoring agreement for accounts receivable.
• Tried jury case and gave the closing argument in a lawsuit that resulted in a $3.5 million verdict on claims of fraud, unjust enrichment, and conversion. Agnew v. Agnew, No. 2011-L-6819 (Ill. Cir. Ct.), aff’d, 13-2901 (Ill. App. Ct.).
• Obtained Sixth Circuit appeal holding that insurer only owed a pro ratashare of defense and indemnity and that insurer was entitled to recoup more than $2 million from its insured. Cont’l Cas. Co. v. Indian Head Indus., 666 F. App’x 456 (6th Cir. 2016).
• Obtained reversal of bankruptcy court’s order confirming a 524(g) plan of reorganization. In re Plant Insulation Co., 734 F.3d 900 (9th Cir. 2013).
• Obtained summary judgment for insurer in coverage dispute for millions of dollars on the basis that plaintiff did not timely report the claim and did not qualify as an additional insured under the policy. Dovenmuehle Mortg., Inc. v. Underwriters at Lloyd’s, London, No. 16SL-CC01526 (St. Louis Cty., Mo.), aff’d,2018 WL 6767441 (Mo. Ct. App. Dec. 26, 2018).
• Represented insurer in 524(g) bankruptcy proceeding that resulted in a dismissal of the case and with no payment from the insurer. In re Eagle, Inc., No. 2:2015-bk-12437 (E.D. La.).
• Obtained Seventh Circuit appeal addressing what constitutes “loss” under a D&O policy and clarifying the scope of the “mend-the-hold” doctrine. Ryerson Inc. v. Fed. Ins. Co., 676 F.3d 610 (7th Cir. 2012).
• Obtained motion to dismiss lawsuit based on a “related claim” being made prior to the insurer’s policy and because the claim did not involve “professional services.” Hilco Trading, LLC v Liberty Surplus Ins. Corp., No. 2012-CH-01580, 2012 WL 10901734 (Ill. Cir. Ct. Oct. 09, 2012).
• Obtained summary judgment for D&O insurer in $10 million coverage dispute involving policyholder’s sale of a subsidiary. Ryerson, Inc. v. Fed. Ins. Co., 796 F. Supp. 2d 911 (N.D. Ill. 2010).
• Obtained asylum for an entire family in immigration court.
• Obtained partial summary judgment in favor of excess insurer in major environmental pollution coverage case in Madison County, Illinois, based on policies’ pollution exclusion. Apex Oil Co. v. Accident & Cas. Ins. Co. of Winterthur, No. 2008-MR-00618 (Ill. Cir. Ct.).
• Represented clients in numerous class actions. See, e.g., Truchalski v. Country Mut. Ins. Co., No. 14-CH-17909 (Ill. Cir. Ct.).