Home » Attorneys » Erman, Bryan A.

"I understand how disruptive it is for a business to face litigation second-guessing business decisions, and I take pride in being able to advocate my clients’ positions and get them back to running their businesses."

When a company or an officer or director becomes involved in litigation or a regulatory investigation, it is imperative to get things right. But knowing what to do—developing the right strategy, understanding how everything fits together, and making it happen—is not always easy. When the right result is essential, it is essential to have the right expertise.

Bryan Erman prides himself on being able to get his clients through critical, time-sensitive litigation and back to running their companies.

Running a business involves many tough decisions. But what happens when those decisions are second-guessed in litigation over a business dispute, a shareholder lawsuit, or an SEC investigation?

Strategic work within a tight timetable is certainly something his clients understand, but high-stakes litigation is usually not their field. Fortunately for them, it is Bryan’s.

As head of Carrington Coleman’s Securities and Director and Officer Litigation Practice, he knows how to navigate securities litigation and enforcement actions, internal investigations, lawsuits against directors and officers, and other complex business litigation. And he knows how to effectively present his clients’ positions to a judge or jury so that these moments end the right way for his clients.

 

Experience

Secured dismissal of $6 billion lawsuit on the eve of trial. The plaintiff, a major insurance company, had asserted claims against broker-dealer and hedge fund defendants for alleged RICO violations, commercial disparagement, and tortious interference in connection with analyst’s research reports.

Obtained take-nothing judgment in federal court trial of hedge fund’s claims asserting federal and state securities fraud, common law fraud, and breach of contract. After a one-week trial, the court ruled for the defendant, a manufacturer of chemical and climate control products, on all counts.

Obtained dismissal on behalf of pharmaceutical company’s independent directors in class action lawsuit alleging breaches of fiduciary duty in connection with tender offer and merger.

Represented publicly-traded bank and its board of directors in litigation relating to the merger of two of the largest community banks in Mississippi. The litigation involved a class action and derivative demand and lawsuit alleging breaches of fiduciary duty and securities law violations in connection with the board’s decision to agree to the merger and the public disclosures regarding the merger.

Represented home improvement company in class action and derivative litigation challenging merger with Fortune 500 home improvement retail company.

Represented telecommunications company in lawsuit against service provider alleging fraudulent misrepresentations.

Represented manufacturer of metal components and products in class action litigation challenging merger with large titanium manufacturer. Defense of director in federal securities fraud action and state derivative proceedings alleging breach of fiduciary duty and corporate waste. Conducted internal investigation for manufacturer of police equipment related to alleged violations of export regulations. Currently representing defendants in litigation involving securities fraud, breach of fiduciary duty, and ERISA claims related to formation and operation of employee stock ownership plan. Currently defending oil and gas company and its directors against lawsuit brought by minority shareholder alleging shareholder oppression and breaches of fiduciary duty.

Speeches/Publications

Speaker, How Accounting Issues Lead To Litigation In Public And Private Companies, Dallas Chapter of Financial Executives International, October 2013.

Speaker, Business in the Dodd-Frank Era: Whistleblowers, Compliance Issues, and SEC Bounties, Dallas CPA Society Convergence 2013 Conference.

Speaker, How Does Your D&O Insurance Stack Up If You Really Need It?

Co-author, Supreme Court Limits SEC’s Authority to Seek Civil Penalties: Gabelli v. S.E.C., __ U.S. __, No. 11-1274 (2013).

Co-author, Supreme Court Removes Barrier to Class Certification in Securities Class Actions: Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, __ U.S. __, No. 11-1085 (2013).

Speaker, Can You Keep a Secret? How Internal Disputes and Corporate Restructuring Can Affect the In-House Privilege.

Speaker, Whistleblowers, SEC Bounties, and Fraud Prevention After the Dodd-Frank Act, Dallas Chapter of Financial Executives International, January 2012.

Author, Supreme Court Rules on Reach of Securities Fraud Statute and Viability of F-Cubed Class Actions, March 2011.

Court Admissions

Texas, 2003

United States District Court for the Northern, Eastern, Western, and Southern Districts of Texas

United States District Court for the District of Columbia

Education

Southern Methodist University School of Law J.D., cum laude, 2003
Order of the Coif
Hatton W. Sumners Scholar
SMU Law Review

University of Oklahoma B.A. in political science, with distinction, 1999
Phi Beta Kappa

Associations/Affiliations

Fellow: Texas Bar Foundation Barrister: Higginbotham Inn of Court

Heart House Dallas – Member of Young Professionals

Board of Directors Dallas Regional Chamber of Commerce

Young Professionals Group Member of Dallas Bar Association and Securities Section of the Dallas Bar Association

Honors and Distinctions

Named to the Texas Super Lawyers list, as published in Texas Monthly magazine, 2014

Named a Texas Super Lawyer Rising Star, as published in Texas Monthly Magazine, 2012-2013

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