Some of the additional significant legal matters Eric has worked on during his career include:
2013: Eric was appointed as a Special Assistant Attorney General to serve as co-counsel to represent President Cullerton in his successful legal challenge to Governor Pat Quinn’s veto of legislative salaries as a violation of Article IV, Section 11 of the Illinois Constitution. Cullerton v. Quinn, 13 CH 17921, slip. op. (Cir. Ct. Cook Cty., Sept. 26, 2013) (Cohen, J.).
2011 and 2012: Eric was appointed as a Special Assistant Attorney General to serve as co-counsel to represent the Illinois State Board Elections in its successful defense of the 2011 General Assembly Redistricting Plan before both the Illinois Supreme Court and a special three-judge panel in federal district court. Cross v. Ill. State Bd. of Elec., No. 113840, Order (June 7, 2012); Radogno v. Ill. State Bd. of Elec., 836 F.Supp.2d 759, (N.D.Ill. Dec. 15, 2011), aff’d, 133 S.Ct. 103 (2012); Radogno v. Ill. State Bd. of Elec., 2011 WL 5868225 (N.D.Ill. Nov. 22, 2011), aff’d, 133 S.Ct. 103 (2012). In the federal redistricting litigation, he also helped successfully defend the constitutionality of the Illinois Voting Rights Act—a statute he co-authored—before the same three-judge panel. Radogno v. Ill. State Bd. of Elec., 2011 WL 5025251 (N.D.Ill. Oct. 21, 2011).
2010: Eric helped craft the Illinois Lottery’s strategy and request to obtain approval from the U.S. Department of Justice allowing the Lottery to be the first state lottery to sell tickets on the Internet without violating the federal Wire Act. The U.S. Department of Justice approved that request in September 2011. Memorandum Opinion for the Assistant Attorney General, Criminal Division, from the Office of Legal Counsel, 2011 WL 6848433 (Sept. 20, 2011).
2009: Eric was significantly involved in the development of Illinois’ $31 billion Capital Bill by authoring the bill’s video gaming provisions as well as the first-in-the-nation, private lottery manager and Internet pilot-program provisions. When the Capital Bill was challenged in state court, he assisted the Illinois Attorney General’s Office with the successful legal arguments made before the Illinois Supreme Court to uphold the Capital Bill’s constitutionality in Wirtz v. Quinn, 2011 IL 111903, 953 N.E.2d 899 (2011).
2005: Eric drafted and negotiated the amendments to the Illinois Ticket Sale and Resale Act allowing persons using eBay, StubHub, and other auction-style websites to sell sporting and other event tickets for above face value. 815 ILCS 414/1.5(c). He drafted the legislation on behalf of eBay while employed at Freeborn & Peters LLP. His legal arguments and strategy were later employed by eBay and StubHub to successfully defeat two lawsuits brought by the City of Chicago involving the scope of the amendments to Act. City of Chicago v. eBay, Inc., 2009 WL 5144016 (N.D. Ill. 2009); City of Chicago v. StubHub, Inc., 622 F.Supp.2d 699 (N.D.Ill. 2009). These legal arguments again proved successful before the Illinois Supreme Court in City of Chicago v. StubHub, Inc., 2012 IL 111,127, 949 N.E.2d 844 (2012).
2003: Eric drafted the Illinois Renewable Fuels Development Program Act as a $20 million grant program subsidizing the construction of ethanol plants in Illinois so long as the plant owner and its agent entered into a project labor agreement with construction industry labor organizations. 20 ILCS 689/1 et seq. He was later retained by labor organizations to write an amicus curiae brief submitted to the U.S. Court of Appeals for the Seventh Circuit to uphold the Act against a federal labor law preemption challenge. The court upheld the Act as a valid exercise of the state’s authority as a “market participant.” Northern Illinois Chapter of Associated Builders and Contractors, Inc. v. Lavin, 431 F.3d 1004 (7th Cir. 2005).