Erik G. Moskowitz

Erik specializes in civil trial law, including employment law, business law, and commercial litigation.

Erik specializes in civil trial law, including employment law, business law, and commercial litigation. He represents businesses and individuals in all aspects of commercial litigation, including tort claims, employment actions, construction defect issues, contract disputes, and intellectual property matters. Erik practices at all levels of the state and federal court systems and administrative agencies, from the lowest small claims court to the U.S. Supreme Court, from initial client meeting through trial and, if necessary, appeal.

Erik’s employment practice is primarily management-side where he focuses on HR advising, policy drafting, and litigation. Erik holds a SHRM-CP certification and as the former Director of HR for a mid-size Austin law firm, he is uniquely qualified to advise employers both big and small on regulatory compliance and litigation avoidance techniques.

Erik also acts as ‘outside in-house counsel’ for businesses of all sizes. He is well versed in corporate governance issues and assists and advises C-suite executives and managing directors on all manner of internal corporate policy. Erik is also skilled at advising founders at start-up stage and positioning them for growth while ensuring their business is insulated from risk.

On a Personal Note

Erik is a New England transplant. Before moving to Austin, he practiced litigation at a medium-sized firm in New Hampshire representing small business, banks, and cities and towns.

Staying active is important to Erik.  He doesn’t golf, but he’s always happy to take his clients rock climbing.  He’s been climbing and instructing for over eighteen years.

Erik is also active in the legal community.  He’s a member of DRI, the Defense Research Institute, and the Tufts University Lawyers Association.  He taught undergraduate competitive mock trial at the University of New Hampshire and remains an active mock trial judge for regional competitions here in Texas.

Dispute Experience

Litigating the full range of commercial disputes, including:

  • Trade secret misappropriation
  • Construction defects
  • Contract controversies
  • Harassment and discrimination allegations
  • Wage & Hour, Unemployment, and Workers’ Rights claims

Transactional Experience

Drafting and negotiating the full range of corporate documents, including:

  • Business formation paperwork
  • Bylaws and company agreements
  • IP rights licenses
  • Employee handbooks and manuals
  • Company policies
  • Vendor/supplier contracts

Representative Experience

Erik recently resolved a Federal trade secret misappropriation lawsuit on behalf of an employer against a group of former employees accused of downloading propriety information for use in their new business venture designed to compete with their former employer. Erik resolved the matter at mediation and facilitated the return/destruction of the data stolen.

Erik recently assisted a construction subcontractor in drafting all new company agreements as part of a succession planning initiative which included working closely with estate planning and tax counsel.

Erik represented a design professional organization facing a series of homeowner complaints arising out of allegedly faulty workmanship. Erik assisted the client as outside counsel, secured favorable settlements from a number of the parties, and litigated the remainder claims to arbitration award or jury verdict.

Erik assisted several start-ups in their business formation, corporate governance, and operating agreement drafting and continues to advise those entities on risk avoidance and employee retention.

Erik recently filed a federal lawsuit asserting fraud, misrepresentation, and RICO claims on behalf of a company that was defrauded in a loan transaction scheme. Erik sought expedited discovery in support of a prejudgment attachment and preliminary injunction.

Professional Associations and Memberships

Austin Bar Association, Construction Law and Labor & Employment Law Sections
DRI – Defense Research Institute, Labor & Employment Law Section
Tufts University Lawyers Association
Society for Human Resource Management
Texas Bar Foundation Fellow

Bar & Court Admissions

Texas Bar
New Hampshire Bar
U.S. District Courts for the Western, Eastern, and Southern Districts, Texas
U.S. District Court, District of New Hampshire
U.S. Bankruptcy Court, District of New Hampshire
U.S. Court of Appeals, First Circuit
U.S. Supreme Court

Education and Certifications

LL.M., Intellectual Property, Commerce, and Technology, University of New Hampshire Franklin Pierce School of Law
J.D., University of New Hampshire Franklin Pierce School of Law
B.A., English, Music, Tufts University
SHRM-CP certification

Recent Works by  Erik G. Moskowitz

Breaking News: New Overtime Rule Takes Effect January 2020

On September 24, 2019, the Department of Labor issued a final rule updating the earnings thresholds necessary to exempt executive, administrative, and professional employees from the minimum wage and overtime pay requirements of the Fair [...]