Eric J. Weiss is an experienced trial lawyer and strategic adviser to technology, retail, gaming, and consumer-facing companies facing complex high-stakes disputes, novel legal theories, and emerging business risks.

Over nearly two decades, Eric’s practice has spanned class actions, mass arbitrations, privacy and data issues, consumer protection matters, government investigations, product liability cases, and complex commercial litigation. He has represented some of the world’s largest and most sophisticated companies as well as high-growth startups through periods of rapid scaling, major business transitions, and bet-the-company disputes. Eric draws on that breadth of experience to give clients a clear view of the legal risks and business tradeoffs, so they can make sound decisions with a trusted advocate to help execute and defend those decisions.

Eric is a pioneer in mass arbitration defense, having defended companies in some of the earliest and largest coordinated mass arbitration campaigns. He uses his experience to help clients design modern, enforceable arbitration provisions that preserve valuable class action waivers while reducing exposure to abusive or strategically coordinated mass arbitration campaigns. He has litigated, taught, and shaped emerging legal issues involving online assents, minors and other nonsignatories, and new ways of forming consumer contracts.

“Eric Weiss is probably the most informative litigator that I’ve ever worked with.”
— General counsel of a technology company

Eric has been at the forefront of emerging consumer protection and regulatory theories for much of his career. He has defended clients in disputes involving dark patterns, recurring subscriptions, advertising and marketing claims, and other evolving theories, including significant matters before the Federal Trade Commission.

He has deep experience in privacy and data litigation, including extensive knowledge of the California Invasion of Privacy Act, Video Privacy Protection Act, and biometric privacy laws. He has worked extensively on matters related to data breaches, online tracking and advertising technologies, consents, digital identifiers, and related state and federal laws. He has defended both individual cases and large coordinated portfolios arising from new uses of technology and data.

He has litigated from every side of the courtroom: as a plaintiff’s lawyer, defense lawyer, and criminal prosecutor. He has managed litigation portfolios spanning multiple jurisdictions, legal disciplines, and outside counsel teams. He has advised clients on terms of service, online assents, arbitrations, class action waivers, and related issues involving how companies form and enforce consumer agreements.

Before practicing law, Eric served as a staff sergeant in the U.S. Air Force and Air National Guard, where he held a Top Secret security clearance and deployed overseas in support of Operation Enduring Freedom. He also assisted with a youth leadership and civics program as a volunteer for 20 years.