Erin E. McCracken

Partner

Overview

Erin McCracken helps public and privately held companies unsettled by complex commercial litigation manage the risks and minimize the financial and reputational impact. Her practice includes defending clients in complex class actions, as well as in business, entertainment, intellectual property and real estate litigation, and she has secured favorable outcomes for clients across these areas of law.

Land Use, Environmental and Real Estate Litigation

Erin represents a broad base of clients in connection with multimillion-dollar real estate projects and related business ventures. She also brings apposite experience in land-use development law, and advises clients, including renewable energy developers, with respect to National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA) and related regulatory issues.

Business and Entertainment Litigation

Erin represents entertainment and business clients in high-stakes litigation and consumer class actions related to fraud and unfair business practices, copyright, contract and other matters. She recently worked on a team that obtained summary judgment and a multimillion-dollar attorneys’ fee award in a bank shareholder dispute. She is currently litigating a dispute between the two largest music publishing companies in the world.

Judicial Experience

During law school, Erin served as a judicial extern for the Honorable Marilyn Hall Patel of the U.S. District Court of Northern California.

Representative Experience

  • Defenders of Wildlife v. Zinke, 856 F.3d 1248 (9th Cir. 2017). Obtained summary judgment in a National Environmental Policy Act (NEPA) action seeking to enjoin a solar energy project located near Las Vegas, Nevada.
  • La Cuna De Aztlan Sacred Sites Prot. Circle Advisory Comm. v. U.S. Dep't of Interior, 642 F. Appx. 690 (9th Cir. 2016). Obtained summary judgment of all claims, including National Environmental Policy Act (NEPA) claims, brought against a solar energy project located in Riverside County, California.
  • Yu Leseberg v. Feld, California Court of Appeal Case No. B281905. Obtained a multimillion-dollar arbitration award for a law firm client in a fee dispute, and successfully petitioned to confirm the arbitration award, which was affirmed on appeal.
  • Hewlett-Packard Co. v. VistaQuest Corp., Los Angeles Superior Court Case No. LC102306. First-chaired bench trial in a commercial contract dispute and obtained a favorable verdict for Hewlett-Packard Co.
  • Oklahoma Firefighters Pension and Retirement System v. Ixia; 2:13-CV-08440-MMM. Defended officers and directors in a securities fraud class action.
  • Caruso Affiliated v. General Growth Properties, Inc., Los Angeles Superior Court Case No. EC038518. Represented Caruso Affiliated in an unfair competition action concerning the development of a regional shopping center in Glendale, California. After an eight-week jury trial, Caruso Affiliated received a favorable verdict.
  • North County Communications Corp. v. California Catalog & Technology, 594 F.3d 1149 (2010), cert. denied 562 U.S. 1062 (2010). Represented leading cellphone service provider in an appellate matter regarding private rights of action to enforce compensation provisions of the Federal Communications Act (FCA).

Services & Industries

Credentials

Bar Admissions

California

Court Admissions

U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California

Education

University of California, Berkeley, School of Law
J.D. Order of the Coif (2006)

University of Arizona
M.A. (2003)

Brown University
A.B. with honors (1999)

Leadership & Community

Professional Associations

  • Lambda Legal — Member (2013-present); Cooperating Attorneys Network (2013-present)

Honors

  • Jurisprudence Award in Criminal Law, University of California, Berkeley School of Law
  • Prosser Prize in Contracts, International Law and Real Estate Transactions
Awards Methodology
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