Erik G. Moskowitz

Erik’s civil trial practice includes employment law, business law, and commercial litigation. He represents businesses and individuals in all aspects of commercial litigation, including tort claims, employment actions, contract disputes, and intellectual property matters. Erik’s construction law practice includes both transactional and litigation work, supporting clients from project inception through completion and litigating construction defect and delay cases. Erik practices at all levels of the state and federal court systems and administrative agencies, from the lowest small claims court to the U.S. Supreme Court, from initial client meeting through trial and, if necessary, appeal.

Erik’s employment practice is primarily management-side where he focuses on HR advising, policy drafting, and litigation. As the former Director of HR for a mid-size Austin law firm, he is uniquely qualified to advise employers both big and small on regulatory compliance and litigation avoidance techniques.

Erik also acts as ‘outside in-house counsel’ for businesses of all sizes. He is well versed in corporate governance issues and assists and advises C-suite executives and managing directors, partners, and shareholders on all manner of internal corporate policy. Erik is also skilled at advising founders at start-up stage and positioning them for growth while ensuring their business is insulated from risk.

On a Personal Note

Erik is a New England transplant. Before moving to Austin, he practiced litigation at a medium-sized firm in New Hampshire representing small businesses, banks, and cities and towns.

Staying active is important to Erik.  He doesn’t golf, but he’s always happy to take his clients rock climbing.  He’s been climbing and instructing for over twenty years. He’s also an intermediate woodworker and carpenter, bringing his construction experience to his legal practice (and vice versa).

Erik is also active in the legal community.  He’s Board Certified in Construction Law and is the current Chair of the Austin Bar Association Construction Law Section. He is also a member of DRI, the Defense Research Institute; a member of the Tufts University Lawyers Association; and a member and repeat team leader of the Robert W. Calvert Inn of Court.  He previously taught undergraduate competitive mock trial at the University of New Hampshire and continues to coach the undergraduate team at UT Austin.

Dispute Experience

Litigating the full range of commercial disputes, including:

• Trade secret misappropriation
• Construction defects
• Contract controversies
• Harassment and discrimination allegations
• Wage & Hour, Unemployment, and Workers’ Rights claims

Transactional Experience

Drafting and negotiating the full range of corporate documents, including:

• Business formation paperwork
• Bylaws and operating agreements
• Partnership and shareholder agreements
• IP rights licenses
• Employee handbooks and manuals
• Company policies
• Vendor/supplier contracts

Representative Experience

Erik recently secured a $3.2 million judgment in a federal lawsuit asserting fraudulent inducement, money had and received, and violations of the Texas Theft Liability Act on behalf of a company that was defrauded in a loan transaction scheme.

Erik recently resolved a Federal trade secret misappropriation lawsuit on behalf of an employer against a group of former employees accused of downloading propriety information for use in their new business venture designed to compete with their former employer. Erik resolved the matter at mediation and facilitated the return/destruction of the data stolen.

Erik assisted a construction subcontractor in drafting all new company agreements as part of a succession planning initiative which included working closely with estate planning and tax counsel.

Erik represented a design professional organization facing a series of homeowner complaints arising out of allegedly faulty workmanship. Erik assisted the client as outside counsel, secured favorable settlements from a number of the parties, and litigated the remainder claims to arbitration award or jury verdict.

Erik assisted several start-ups in their business formation, corporate governance, and operating agreement drafting and continues to advise those entities on risk avoidance and employee retention.

Professional Associations and Memberships

Austin Bar Association, Construction Law and Labor & Employment Law Sections
DRI – Defense Research Institute, Labor & Employment Law Section
Tufts University Lawyers Association
Society for Human Resource Management
Texas Bar Foundation Fellow

Bar & Court Admissions

Texas Bar
New Hampshire Bar (inactive)
U.S. District Courts for the Western, Eastern, Northern, and Southern Districts, Texas
U.S. District Court, District of New Hampshire
U.S. Bankruptcy Court, District of New Hampshire
U.S. Court of Appeals, First Circuit
U.S. Supreme Court

Education and Certifications

Erik is Board Certified in Construction Law by the Texas Board of Legal Specialization.

LL.M., Intellectual Property, Commerce, and Technology, University of New Hampshire Franklin Pierce School of Law
J.D., University of New Hampshire Franklin Pierce School of Law
B.A., English, Music, Tufts University