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Eric Alan Isaacson

Focusing on appeals in class actions and federal securities litigation.

38 years of experience
Appeals & Appellate, Securities Law, Consumer Law ...
California, Central District of California (federal), Eastern District of California (federal), Northern District of California (federal), Southern District of California (federal), Western District of Oklahoma (federal)

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Biography

For more than twenty five years I have represented investors and consumers in class-action litigation, focusing primarily on federal civil appeals. I have briefed and argued appeals before all but two of the thirteen federal circuits, and was intimately involved in briefing the merits in three cases before the United States Supreme Court. My pro bono work has included writing and filing amicus curiae briefs on behalf of religious organizations and faith leaders opposing discrimination and supporting religious liberty and equal rights for all.

Practice Areas

Appeals & Appellate: Civil Appeals, Federal Appeals

Securities Law

Consumer Law: Class Action, Lemon Law

Antitrust Law

Civil Rights: Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law

Additional Practice Areas

Church and State
Class Actions - litigation & appeals
Class Actions - settlements & fee awards

Jurisdictions Admitted to Practice

California
Since 1985

1st Circuit
Since 2009

2nd Circuit
Since 2004

3rd Circuit
Since 2001

4th Circuit
Since 2003

5th Circuit
Since 1999

6th Circuit
Since 1997

7th Circuit
Since 2002

8th Circuit
Since 1996

9th Circuit
Since 1989

10th Circuit
Since 1996

11th Circuit
Since 1998

Central District of California (federal)
Since 1989

D.C. Circuit
Since 2007

Eastern District of California (federal)
Since 1987

Federal Circuit
Since 2011

Northern District of California (federal)
Since 1990

Southern District of California (federal)
Since 1989

U.S. Supreme Court
Since 1995

Western District of Oklahoma (federal)
Since 2018

Professional Experience

principal: Law Office of Eric Alan Isaacson; 2016 - Current; A solo appellate practice gives me the flexibility to focus my attention exclusively on cases and causes that I believe in.

founding partner: Robbins Geller Rudman & Dowd LLP; 2004 - 2016; I was a founding partner of one of the nation's largest plaintiffs' side class-action law firms. My practice with the firm focused primarily on briefing and arguing federal appeals in securities class actions.

associate, and then partner: Milberg Weiss Bershad Hynes & Lerach LLP; 1989 - 2004; I started as an associate in November of 1989. After serving as part of a trial team prosecuting a securities-fraud case tried before the U.S. District Court for the Northern District of California, my focus shifted to appellate work in federal securities cases and other class actions. I became a partner in January of 1994.

litigation associate: O'Melveny & Myers LLP; 1986 - 1989; I worked for three years as a litigation associate with O'Melveny & Myers LLP in Los Angeles. I was a junior member of a trial team that successfully prosecuted a trademark-infringement action before the U.S. District Court for the Central District of California.

law clerk to the Honorable J. Clifford Wallace: United States Court of Appeals for the Ninth Circuit; 1985 - 1986

Education

Harvard Divinity School: Master of Religion and Public Life (M.R.P.L) (2022) | Religion and public life; 2021 - 2022

Duke University School of Law: J.D. (1985); 1982 - 1985; Honors: J.D., with high honors; Order of the Coif; Activities: Duke Law Journal, Member 1983-1984, Notes & Comments Editor 1984-1985; Moot Court Board, Member 1985; Research Assistant to Professor William A. Reppy, Jr., summer 1983

Ohio University: B.A. (1982); 1978 - 1982; Honors: summa cum laude

Awards

Roberto Alvarez Award: American Constitution Society San Diego Lawyer Chapter; 2014

Hero Award: St. Paul’s Foundation for International Reconciliation; 2013

Eleanor Roosevelt Award for Community Service: San Diego Democrats for Equality; 2012

President’s Annual Award for Volunteer Service: Unitarian Universalist Association; 2009; Awarded by the Rev. Dr. William G. Sinkford at the Unitarian Universalist Association’s 48th General Assembly in Salt Lake City, Utah, June 28, 2009.

Wiley W. Manuel Certificate for Pro Bono Legal Services “for voluntary provision of legal services to the poor”: California State Bar Association; 2003

Distinguished Service Award: San Diego Volunteer Lawyer Program; 2002

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Professional Associations

California State Bar # 120584: Member; 1985 - Current

Publications

Articles & Publications

A Real-World Perspective on Withdrawal of Objections to Class-Action Settlements and Attorneys’ Fee Awards: Reflections on the Proposed Revisions to Federal Rule of Civil Procedure 23(e)(5): 10 Elon Law Review 35 (2018); 2018

Free Exercise for Whom? -- Could the Religious-Liberty Principle that Catholics Established in Perez v. Sharp Also Protect Same-Sex Couples’ Right to Marry?: 92 University of Detroit Mercy Law Review 29 (2015); 2015

The Roberts Court and Securities Class Actions: Reaffirming Basic Principles: 48 Akron Law Review 923 (2015); 2015

Goodridge Lights A Nation’s Way to Civic Equality: Boston Bar Journal, Nov. 15, 2013; 2013

Are Same-Sex Marriages Really a Threat to Religious Liberty?: 8 Stanford Journal of Civil Rights and Civil Liberties 123 (2012); 2012

Assaulting America’s Mainstream Values: Hans Zeiger’s Get Off My Honor: The Assault on the Boy Scouts of America: 5 Pierce Law Review 433 (2007); 2007

Traditional Values, or a New Tradition of Prejudice? The Boy Scouts of America vs. the Unitarian Universalist Association of Congregations: 17 George Mason University Civil Rights Law Journal 1 (2006); 2006

What’s Brewing in Dura v. Broudo? The Plaintiffs’ Attorneys Review the Supreme Court’s Opinion and its Import for Securities-Fraud Litigation: 37 Loyola Chicago Law Journal 1 (2005) (coauthored with Patrick J. Coughlin and Joseph D. Daley); 2005

Pleading Scienter Under Section 21D(b)(2) of the Securities Exchange Act of 1934: Motive, Opportunity, Recklessness and the Private Securities Litigation Reform Act of 1995: 33 San Diego Law Review 893 (1996) (coauthored with William S. Lerach); 1996

The Flag Burning Issue: A Legal Analysis and Comment: 23 Loyola Los Angeles Law Review 535 (1990); 1990

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Speaking Engagements

Human-rights and civil-rights litigation in the United States, U.S. Department of State International Visitor Leadership Program: “Defending Dignity – Support for Russia’s Human Rights Legal Community”, San Diego: March 3, 2016; San Diego Diplomacy Council; Invited speaker on U.S. human-rights and civil-rights litigation for visiting Russian lawyers, hosted by the San Diego Diplomacy Council, as part of the U.S. Department of State International Visitor Leadership Program: “Defending Dignity – Support for Russia’s Human Rights Legal Community”

"Avoiding Waiver and Forfeiture of Issues on Appeal”, San Diego: February 29, 2016; San Diego County Bar Association; Panelist with Justice Richard Huffman of California’s Fourth District Court of Appeal and Richard H. Benes for San Diego County Bar Association C.L.E. webcast on “Avoiding Waiver and Forfeiture of Issues on Appeal”

LGBTQ Rights after Obergefell v. Hodges, California Western School of Law, San Diego: October 22, 2015; American Constitution Society California Western Student Chapter; California Western Pride Law; Panelist with California Western School of Law Associate Dean and Professor Susan Channick for discussion of LGBTQ rights after Obergefell v Hodges, sponsored by the American Constitution Society California Western Student Chapter and California Western Pride Law

Social Justice Advocacy in the Courts, Starr King School for the Ministry, Berkeley: April 21, 2015; Guest lecturer, with Hillary Goodridge and the Rev. Susan Frederick Grey, for the Acting Dean Lindi Ramsden’s class on Bending the Arc: Effective Justice Ministries, Starr King School for the Ministry

Before the Supreme Court: Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435, New York, NY: November 19, 2014; Securities Litigation Committee of the Cityh Bar of New York; Discussion of proceedings before the Supreme Court on when statements of opinion and belief may be deemed actionably misleading under the federal securities laws.

"Is Contraceptive Coverage Contra Religious Freedom?", San Diego, CA: March 24, 2014; California Western School of Law and the Institute of Health Law Studies; Panel discussion on issues presented in the Hobby Lobby case, with with Professors Susan A. Channick and Glenn C. Smith, moderated by Professor Joanna K. Sax.

Marriage-Equality Town Hall: Celebrating United States v. Windsor, San Diego, CA: April 27, 2013; San Diego LGBT Community Center and the American Constitution Society San Diego Lawyer Chapter; Panelist in "Town Hall" celebration hosted by Rep. Susan Davis, celebrating the Supreme Court's decision in United States v. Windsor striking down the so-called "Defense of Marriage Act."

Television interview on Hollingsworth v. Perry and United States v. Windsor, U-T TV studio, San Diego, CA: June 26, 2013; U-T TV; Live television interview and conversation with Eric Alan Isaacson as counsel for the California Council of Churches and Pastor Chris Clark of the East Clairemont Southern Baptist Church of San Diego, reacting to the the Supreme Court’s just-issued decisions in Hollingsworth v. Perry, 133 S.Ct. 2652 (2013), and United States v. Windsor, 133 S.Ct. 2675 (2013) (available online at http://m.utsandiego.com/video/play/57469/ ).

Networking with Religious Organizations to Advance Progressive Values, “Winning Hearts and Minds Part II: Core Values and Compromise; Messages to Move toward Progress”, San Francisco, CA: April 14, 2012; American Constitution Society Stanford Law School Chapter; Panelist on networking with religious organizations to advance shared progressive values.

luncheon keynote, New Leaders Council San Diego Institute, San Diego, CA: March 9, 2012; New Leaders Council; Luncheon keynote on networking with religious organizations to advance shared progressive values.

“How do Progressive Values Resonate with People of Faith?”, “Winning Hearts and Minds: An ACS Conference of Media, Messaging, and Mobilizing”, San Francisco, CA: February 27, 2011; American Constitution Society Stanford Law School Chapter; panelist with Elizabeth C. Sholes, Director of Public Policy of the California Council of Churches, on “How do Progressive Values Resonate with People of Faith?,” moderated by Cameron Brady, Vice President of the University of San Francisco School of Law’s ACS student chapter, and Farid Zakaria, Co-President of the Santa Clara University School of Law’s ACS student chapter.

“Gay Today, Yesterday, and Tomorrow”, Los Angeles, CA: February 20, 2011; First Unitarian Church of Los Angeles; Panel moderated by Anne Bradley, with panelists Tom De Simone, Secretary of ONE National Gay & Lesbian Archives, Eric Alan Isaacson as counsel for the California Council of Churches, the Rev. Ricky Hoyt, pastor of the First Unitarian Church of Los Angeles, and church member and parent John Wisney-Leonard, discussing the history and prospects of the movement for full civic equality for LGBT people.

California Faith for Equality News Conference on Perry v. Schwarzenegger, Los Angeles, CA: October 20, 2010; California Faith for Equality; California Faith for Equality news conference on Perry v. Schwarzenegger before the Ninth Circuit, featuring Executive Director Samuel Chu of California Faith for Equality, the Right Reverend J. Jon Bruno, Episcopal Bishop of Los Angeles, Diane Jardine Bruce, Bishop Suffragan and Mary D. Glasspool, Bishop Suffragan, of the Episcopal Diocese of Los Angeles, the Rev. Canon Susan Russell, Chair of the Diocesan Program Group on LGBT Ministries, of the Episcopal Diocese of Los Angles, the Rev. Dr. Neil Thomas, senior pastor of the Metropolitan Community Church of Los Angeles, the Rev. Dr. Rick Schlosser, Executive Director of the California Council of Churches, Rev. Arthur Lawrence Cribbs, Jr., pastor of the San Marino Congregational United Church of Christ, the Rev. Fernando Santillana, pastor of the United Methodist Church in Norwalk, Michael Adee, executive director of More Light Presbyterians, Eric Greene, Southern California director of the Progressive Jewish Alliance, and Eric Alan Isaacson, counsel for the religious amici in Perry v. Schwarzenegger. See See Pat McCaughan, Los Angeles: Bishops, interfaith leaders stand up for equality, defeating Proposition 8, Episcopal News Service (Oct. 21, 2010) available online http://www.episcopalchurch.org/library/article/los-angeles-bishops-interfaith-leaders-stand-equality-defeating-proposition-8 (accessed June 9, 2016)

television interview on Perry v. Schwarzenegger, San Diego, CA: August 5, 2010; KUSI Television News; Live KUSI Television News interview concerning Chief Judge Vaughn Walker’s ruling in Perry v. Schwarzenegger.

Rally for Marriage Equality, San Diego, CA: June 16, 2010; San Diego Alliance for Marriage Equality; Speaker as counsel for the California Council of Churches, California Faith for Equality, Unitarian Universalist Legislative Ministry California, and other religious amici supporting same-sex couples' right to marry.

luncheon keynote, New Leaders Council San Diego Institute, San Diego, CA: May 1, 2010; New Leaders Council; Luncheon keynote speaker on networking with religious organizations to advance progressive values.

"Optimism in a Time of Struggle", San Dieguito, CA: October 4, 2009; Unitarian Universalist Fellowship of San Dieguito; Guest homily, delivered at the Sunday-morning service of the First Unitarian Universalist Church of San Dieguito.

“How Not to Lose Your Appeal in the Trial Court”, San Diego, CA: August 12, 2009; Federal Bar Association, San Diego Chapter; Continuing-legal-education panel on “How Not to Lose Your Appeal in the Trial Court,” with panelists the Hon. William C. Canby, judge of the United States Court of Appeals for the Ninth Circuit, the Hon. Marilyn L. Huff and the Hon. William Q. Hayes, judges of the United States District Court for the Southern District of California, and attorneys Lynne Lasry and Eric Alan Isaacson, introduced by the Hon. Irma Gonzalez, Chief Judge of the United States District Court for the Southern District of California, and moderated by Stanley Panikowski.

Advancing same-sex marriage, San Diego, CA: June 16, 2009; Anti-Defamation League San Diego Chapter’s Civil Rights Committee; Luncheon presentation on advancing the cause of same-sex marriage.

live on-air radio interview, San Diego, CA: May 26, 2009; “The Jon Elliott Show” with Jon Elliott on XEPE Radio AM 1700, San Diego/Tijuana; Live interview on the California Supreme Court’s Strauss v. Horton decision upholding Proposition 8 and on President Obama’s nomination of Judge Sonia Sotomayor to the United States Supreme Court.

Counsel's perspective on Sanchez v. County of San Diego, Palo Alto, CA: May 16, 2009; Stanford University School of Law, Marion Rice Kirkwood Moot Court Board; Guest speaker on the litigation, briefing, and argument in Sanchez v. County of San Diego, 464 F.3d 916 (9th Cir. 2006), en banc rehearing denied, 483 F.3d 965 (9th Cir. 2007), cert. denied, 552 U.S. 1038 (2007).

press conference on Strauss v. Horton, San Francisco, CA: March 4, 2009; California Council of Churchs & California Faith for Equality; California Council of Churches/California Faith for Equality joint telephonic press conference with Rev. Rick Schlosser of the California Council of Churches, Pastor Samuel Chu of California Faith for Equality, and Bishop Yvette Flunder of the City of Refuge Community Church for the United Church of Christ, Rabbi Denise Eger of Congregation Kol Ami, and Rev. Lindi Ramsden of the Unitarian Universalist Legislative Ministry, Californai, on religious amici and the March 5, 2009, hearing in California’s Proposition 8 cases.

press conference on Strauss v. Horton, Sacramento and San Diego: January 14, 2009; California Council of Churches; California Council of Churches telephonic press conference with Rev. Dr. Rick Schlosser, Executive Director of the California Council of Churches, and Eric Alan Isaacson, pro bono counsel for religious amici, concerning filing of amicus curiae brief in the California Supreme Court on behalf of the California Council of Churches, et al., opposing Proposition 8.

press conference on marriage equality, Mission Hills United Church of Christ, San Diego, CA: December 23, 2008; Faith Leaders for Marriage Equality; Press conference with San Diego clergy supporting marriage equality, and Eric Alan Isaacson as counsel for the California Council of Churches and Unitarian Universalist Legislative Ministry California.

live television interview, San Diego, CA: November 4, 2008; Channel 10 News, San Diego; Live election-night interview with Charisse Yu of San Diego’s Channel 10 News, on Proposition 8 and its possible consequences.

debate on Proposition 8, San Diego, CA: October 17, 2008; “The Roger Hedgecock Show” with Roger Hedgecock on KOGO Radio, AM 600, San Diego: one-hour debate on California’s Proposition 8, with Charles Limandri, West Coast Director of the Thomas More Law Center speaking for “Yes on 8,” and Eric Alan Isaacson as counsel for the California Council of Churches speaking against Proposition 8.

Panel on Same-Sex Couples and the Right to Marry, University of San Diego School of Law, San Diego, CA: October 6, 2008; Federalist Society San Diego Lawyers' Chapter & Federalst Society University of San Diego Law Students' Chapter; Panel discussion on same-sex couples and the right to marry, moderated by Karen L. Boudreau of the Federalist Society San Diego Chapter’s board, and featuring panelists Charles Limandri, West Coast Director of the Thomas More Law Center; Jeffery J. Ventrella, Senior Vice President of the Alliance Defense Fund; Mattheus E. Stephens, of Stock Stephens, LLP; and Eric Alan Isaacson as counsel for the California Council of Churches and Unitarian Universalist Legislative Ministry California.

"The Future of Marriage", San Diego, CA: February 25, 2008; American Constitution Society, San Diego Lawyer Chapter; San Diego LGBT Community Center; ACLU of San Diego & Imperial Counties,; American Constitution Society, San Diego Lawyer Chapter; The San Diego LGBT Community Center; the ACLU of San Diego & Imperial Counties, and Equality California present: “The Future of Marriage.” A panel discussion featuring California Western School of Law Professor Barbara J. Cox as moderator, and with panelists Lambda Legal Senior Counsel and co-counsel for plaintiff couples in California’s Marriage Cases Jennifer C. Pizer; Decline to Sign Campaign Field Organizer and Marriage Equality USA San Diego Chapter Leader Fernando Lopez; and co-counsel for faith-based amici curiae in California’s Marriage Cases Eric Alan Isaacson.

Symposium: “Scheme Liability, Section 10(b), and Stoneridge Investment Partners v. Scientific Atlanta.”, Case Western Reserve School of Law, Cleveland, OH: October 5, 2007; Case Western Reserve University School of Law Center for Business Law and Regulation & Federalist Society’s Corporate Law Practice Group; The symposium featured a debate between plaintiffs' class-action counsel Eric Alan Isaacson and Kirkland & Ellis partner Ashley S. Parrish, moderated by the Center for Business Law and Regulation’s Professor Jonathan H. Adler, and panel discussions featuring UCLA Law School Professor Stephen M. Bainbridge, University of Cincinnati Professor of Law Barbara Black, University of Denver Law Professor Robert Brown, Jr., Director James Copland of the Manhattan Institute’s Center for Legal Policy, University of Minnesota Professor Richard W. Painter, and Andrea Seidt, Deputy Chief Counsel Office of the Ohio Attorney General.

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