With more than 20 years of experience as an adviser, litigator and trial lawyer for Fortune 500 companies and start-ups alike, Erik Swanholt has a broad range of experience spanning multiple disciplines. Erik’s primary focus, however, is on advising and representing manufacturers, distributors, and retailers of consumer and industrial products in all areas of their business.
Consumer Product Safety Practice - One significant part of Erik’s practice is to assist companies with developing best practices for their products. From advising on good manufacturing practices, regulatory compliance programs, and supply chain protocols, to developing compliant marketing plans and labeling strategies, Erik works with companies looking to get to market with new products, or those looking to improve existing practices for products that have been on the market for years. Erik has extensive experience working with testing labs and regulators (including the Consumer Products Safety Commission (“CPSC”), FDA, FTC, OEHHA, CARB, Health Canada and others) to certify or demonstrate regulatory compliance. In this capacity, Erik has led a number of companies through global and U.S. product recalls and countless remediation plans when recall is not necessary.
Consumer Product Litigation - The other significant part of Erik’s practice is to represent and defend companies in class action and mass litigation or government/regulatory compliance issues relating to their products, including products liability, consumer class action, toxic torts, personal injury, antitrust, contract actions, and regulatory investigations. He has successfully defended businesses sued in state and federal court under myriad statutory schemes, including California’s Unfair Competition Laws (UCL), the Consumer Legal Remedies Act (CLRA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Electronic Funds Transfer Act (EFTA) and the Telephone Consumer Protection Act (TCPA), to name a few.
Erik’s experience crosses nearly every industry including, electronics, safety equipment, food, pharmaceuticals, medical devices, vehicles, aircraft, chemicals, industrial machinery, fashion, financial instruments, home appliances, furniture, silica, asbestos and more.
*Certain of these matters were handled prior to Foley.
Erik was selected for inclusion in the Southern California Super Lawyers® in the area of business litigation (2009 – 2016). He was recognized by The Legal 500 in 2015 for his work in the area of product liability and mass tort defense: consumer products.
Erik is a graduate of University of California, Hastings College of the Law (J.D., cum laude, 1998). He earned his bachelor’s degree in political science from University of California, San Diego (B.A., cum laude, 1993).
Admissions and Professional Memberships
Erik is admitted to practice law in California and before all federal district courts in California. He serves on the Board of Governors for the Association of Business Trial Lawyers.
Erik is a volunteer and frequent pro bono lawyer for Bet Tzedek and Public Counsel. He received the California State Bar's Wiley W. Manuel Award for Pro Bono Services every year from 2005 – 2012. He has served as a volunteer assistant district attorney conducting trials for the Los Angeles District Attorney's Office.