Eric Rivas
Senior Associate
Orange County
Eric advises market-leading companies in antitrust and complex commercial litigation and related counseling.
Eric draws on significant experience in a broad range of matters across the artificial intelligence, pharmaceutical, retail and hospitality spaces to help clients resolve disputes in high-exposure, complex antitrust and unfair competition litigation and class actions.
His experience spans claims involving:
- Price fixing (including claims involving algorithmic pricing software)
- Information exchanges
- Monopolization
- Exclusive dealing
- Vertical distribution
- Noncompetes
- Resale price maintenance
- Group boycotts
- Mergers & acquisitions
Eric regularly resolves litigation at the motion to dismiss and summary judgment phases. His advocacy spans matters in both the class action and business-to-business contexts. Eric also helps clients navigate civil and criminal investigations brought by the DOJ, the FTC and state attorneys general.
Eric is an active member of the American Bar Association’s Antitrust Law Section and the California Lawyer’s Association’s Antitrust and Unfair Competition Law Section. He maintains an active pro bono practice, including representing clients in section 1983 matters and immigration removal petitions.
Before joining Orrick, Eric served as a law clerk to Judge Michael M. Anello of the US District Court for the Southern District of Southern California. During law school, he was a judicial extern to Magistrate Judge Jan M. Adler of the Southern District of California, a law clerk in the Criminal Division of the California Attorney General’s Office, and a law clerk for the US DOJ’s Civil Division.
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- AvalonBay Communities, Inc., an owner and operator of multifamily apartments, in antitrust litigation alleging that it and other multifamily properties conspired to raise multifamily lease prices via adoption of RealPage, Inc.’s revenue management software. AvalonBay successfully moved for dismissal without prejudice from the District of Columbia’s lawsuit. Additionally, AvalonBay secured its voluntary dismissal from a sprawling multi-district litigation involving similar claims.
- Argonaut and Telegraph Hill entities in commercial litigation alleging that the companies conspired to disrupt the bankruptcy of the plaintiff’s predecessor. After securing a tentative ruling granting the defendants’ motion to dismiss the complaint, Eric successfully presented oral argument that resulted in the dismissal of the complaint without prejudice. Following a second motion to dismiss, the court dismissed the case with prejudice, and on appeal, the Ninth Circuit affirmed that ruling.
- A major retailer in three putative class actions alleging a vertical price-fixing conspiracy to stabilize wholesale and retail pricing for disposable battery products.
- A market-leading software developer for hospitality companies in an antitrust putative class action alleging that its benchmarking software facilitated a conspiracy to share sensitive information and raise hotel room prices.
- Union Pacific in a purported multibillion-dollar price-fixing case related to fuel surcharges.
- A leading provider of auto auction services in antitrust litigation alleging a group boycott against their automotive division.
- A major pharmaceutical company in antitrust litigation alleging that it was unlawfully excluded from competition due to a competitor’s exclusive contracts and unfair marketing tactics.
- A pharmaceutical company in an arbitration with its supplier concerning antitrust and contract claims arising out of a licensing dispute.
- A biopharmaceutical company in its multi-billion dollar acquisition by a market-leading pharmaceutical company.
- Bio-Rad Laboratories, a market-leading life sciences company, against post-merger antitrust counterclaims raised by a defendant in patent infringement litigation. Ruling on Bio-Rad’s motion to dismiss, the court rejected several of the defendant’s antitrust claims in alleged markets where the defendant was the dominant firm. Subsequently, the parties reached a global settlement and agreed to a lifetime cross-licensing agreement regarding the patents-in-suit.
- The Gores Group LLC (TGG) in antitrust litigation alleging that TGG conspired with co-defendants and third parties to merge competing entities and foreclose competition through contracts with rental car companies. After filing a motion to dismiss, TGG was voluntarily dismissed from the case.
- A market-leading beer distributor in antitrust litigation alleging a conspiracy to monopolize via its acquisition of California beer distributors.
- Rent the Runway (RTR) in antitrust litigation alleging that RTR’s contracts with fashion designers allegedly harmed competition and tortiously interfered with business opportunities. After securing dismissal of the initial complaint, the matter was successfully resolved.
- Pilgrim’s Pride, a market-leading chicken processor, in a series of federal class actions and direct actions brought by direct and indirect purchasers across the country alleging that the major poultry producers conspired to raise the price of broiler chickens.
- Showtime Networks in a series of putative class actions arising out of the August 2017 boxing match between Floyd Mayweather and UFC star Conor McGregor. Showtime Networks secured the early dismissal of all actions following a ruling granting Showtime Networks’ motion to compel arbitration on an individual basis.
- A chemical company against claims that it tortiously interfered with contracts between the plaintiff and third parties and aided and abetted a purported conversion of catalytic materials.
- A television broadcaster in an industry-wide multi-district antitrust putative class action litigation regarding broadcast television spot advertising, as well as the resolution of a related investigation by the DOJ Antitrust Division.
- A manufacturer of shipping containers in its proposed acquisition of a manufacturer of refrigerated shipping containers.