Erik Weinick

Erik B. Weinick practices in Otterbourgh's Bankruptcy and Litigation Practices and is also a co-founder of the firm’s Privacy & Cybersecurity Practice.

More About Erik
Photo

Profile

Erik B. Weinick practices in the firm’s Bankruptcy and Litigation Practices and is also a co-founder of the firm’s Privacy & Cybersecurity Practice.

Throughout his career, Mr. Weinick has represented a wide array of commercial and financial firms, entrepreneurs, individuals, as well as domestic and foreign governmental agencies, before regulators, state and federal courts, and alternative dispute resolution tribunals.  His experience includes privacy and cybersecurity, bankruptcy, commercial torts, defamation/slander, education, employment and labor, insurance, lender liability, non-competition agreements, professional malpractice, real estate, regulatory, SEC receiverships and unfair/deceptive trade practices. 

Cases litigated by Mr. Weinick include: 

  • Slam Brands, Inc. v Wells Fargo Trade Capital Servs., Inc. - partial summary judgment for lender on borrower’s claim that sales were guaranteed by lender;
  • BHC Interim Funding II, L.P. v. F.D.I.C. - dismissal of claims against F.D.I.C. by secured lender to defunct bank;
  • GMAC Commercial Fin. LLC v. Ahn - summary judgment for lender on enforcement of capital call agreement executed by borrower’s principal; and
  • In re Delta Mills, Inc. - summary judgment for lender on claim that debtor’s sales had been guaranteed by lender. 

Mr. Weinick is certified as a CIPP-US privacy professional and his recent publications include:

  • “The Cloud: Dream or Nightmare?” CRF News, December 2017 (with E. Pilchik);
  • “Big Data – A Powerful Asset That Comes with Legal Obligations and Limitations” CRF News, October 2017 (with E. Pilchik);
  • “Ensuring Privilege of a Pre-Breach Cybersecurity Assessment” New York State Bar Association Journal, September 2017;
  • “Privacy, Cybersecurity: What Private Equity, Restructuring Pros Need to Know” Journal of Corporate Renewal, July/August 2017; and
  • “Cyber Diligence: How to Vet Your Borrowers” CRF News, July 2017 (with S. Davidoff).