Eric G. Pearson

Partner

Overview

Eric G. Pearson is a member of the firm’s Business Litigation & Dispute Resolution, Securities Enforcement & Litigation, Tax Controversy, Government Enforcement Defense & Investigations and Appellate Practices. He is also a member of the firm’s Environmental, Social, and Corporate Governance (ESG) Team. Eric is a certified public accountant and represents corporations in accounting fraud, corporate control issues, appraisal actions and federal and state tax controversies. Eric regularly counsels clients with earnout disputes, investigations of accounting irregularities, disputes involving strategic business transactions and professional-malpractice cases.

Before joining the firm, Eric served as a law clerk for Judge Diane S. Sykes of the U.S. Court of Appeals for the Seventh Circuit from 2007-08.

Representative Experience 

  • Represented the publicly traded downstream subsidiary of a large mutual insurance company in EMC Insurance Group, Inc. v. Shepard, 960 N.W.2d 661 (Iowa 2021), an appraisal action brought by the largest minority shareholder. The Polk County District Court and the Iowa Supreme Court held that the minority shareholder failed to perfect his appraisal rights as a beneficial shareholder.
  • Conducted an internal investigation for a special committee of the board of directors of a NASDAQ issuer amid a challenge to a shareholder vote. Defending the issuer in connection with an SEC investigation into potential registration-statement violations.
  • Represented a multi-billion dollar financial institution in an internal investigation and subsequent SEC investigation stemming from allegations that the bank had fraudulently overstated the value of its loan portfolio to investors and regulators.
  • Represented a law firm in Stifel, Nicolaus & Co. v. Lac du Flambeau Band of Lake Superior Chippewa Indians, 807 F.3d 184 (7th Cir. 2015), a case involving the issuance of Native American gaming revenue bonds. This work included litigating issues related to tribal jurisdiction, exhaustion, sovereign immunity and the Indian Gaming Regulatory Act simultaneously in federal, state and tribal courts. The matter was tried in state court in a trial to the court (two weeks) before it was settled during a jury trial (scheduled for ten weeks).
  • Represented a provider of legal support services in state and agency proceedings before the administrator of the Wisconsin Department of Financial Institutions (Division of Banking). The administrator conducted a contested-case hearing (four days) regarding the Department’s ability to regulate lawyers and legal assistants as adjustment-service companies under Wis. Stat. § 218.02.
  • Conducted an internal investigation concerning revenue recognition for an equipment manufacturer and its publicly traded parent. This work included cooperating with the company’s Big Four auditor.
  • Represented Albert Trostel & Sons in Albert Trostel & Sons Co. v. Notz, 679 F.3d 627 (7th Cir. 2012), on an appeal from an appraisal action brought by a dissenting minority shareholder. The Seventh Circuit affirmed the district court’s judgment in favor of Albert Trostel & Sons.

Selected Publications

  • Co-editor, Audit Committee Deskbook, Practicing Law Institute (2021)
  • Author, “Accounting and Auditing Liability Issues in Wisconsin,” ABA 50 State Survey of Accounting and Auditing Liability Issues (2021)

Professional Memberships and Activities

  • Seventh Circuit Bar Association (Second Vice President)
  • State Bar of Wisconsin, Appellate Practice Section, immediate past chair
  • Wisconsin Appellate Law, co-editor and author (wiappellatelaw.com)
  • Wisconsin Institute of CPAs, member
  • Professional Liability Litigation Committee of the ABA’s Section of Litigation, member
  • Eastern District of Wisconsin Bar Association, member
  • Marquette Law Review, member (2005-06) and editor (2006-07)

Education

  • Marquette University (J.D., summa cum laude, 2007)
  • Marquette University (B.S., summa cum laude, 2005)

Admissions

  • U.S. Tax Court
  • U.S. Courts of Appeals for the Second and Seventh Circuits
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin
  • State of Wisconsin