Eric M. Herbst is a member of the Firm’s Litigation and Antitrust/Competition Groups.  Mr. Herbst’s practice focuses on complex commercial, class action, securities, criminal and antitrust litigation.  He has particular experience representing clients in a variety of government criminal and civil investigations.

Recently, Mr. Herbst represented Stolt-Nielsen, an international parcel tanker shipping company in numerous civil actions and government antitrust investigation worldwide, including the United States, Europe and Canada.  Mr. Herbst was part of the trial team in U.S. v. Stolt-Nielsen that won the dismissal of an indictment against Stolt-Nielsen and several of its executives.  After a three-week criminal trial, the District Court dismissed the indictment, ruling that the company’s amnesty agreement with the United States Department of Justice Antitrust Division must be upheld.  The case was the first time a court has enforced an antitrust amnesty agreement. 

Additionally, Mr. Herbst has represented pharmaceutical companies before the Federal Trade Commission regarding the competitive impact of the settlements of pharmaceutical patent infringement lawsuits.

Mr. Herbst has worked closely with expert witnesses and trial witnesses and has extensive litigation discovery experience, including coordinating discovery in complex civil and criminal cases.  

Prior to joining White & Case, Mr. Herbst served as a law clerk to the Honorable H. Emory Widener, Jr. of the United States Court of Appeals for the Fourth Circuit.  Mr. Herbst also had previously served as a judicial intern for the Honorable James M. Munley of the United States District Court for the Middle District of Pennsylvania.