Erin P. Lupfer

Associate | San Diego

elupfer@mofo.com | (858) 314-7632

elupfer@mofo.com
(858) 314-7632

Erin Lupfer is an associate in the Litigation Department of Morrison & Foerster’s San Diego office.

Erin’s practice focuses on products liability matters and consumer class actions.  As part of Erin’s litigation practice, she drafts substantive motions, handles both fact and expert discovery, and prepares expert witnesses for depositions.  In addition to defending clients in complex litigation, Erin assists clients as they navigate product safety regulations and advises companies on the legal implications of their business decisions.  

Erin is committed to pro bono service and has received the Wiley W. Manuel Pro Bono Certificate from the California Lawyers Association for her contributions. 

Before joining the firm, Erin clerked for the Honorable Jeffrey T. Miller in the U.S. District Court, Southern District of California in San Diego. 

Erin graduated summa cum laude from the University of San Diego School of Law, where she was elected to the Order of the Coif and the Order of Barristers.  While in law school, Erin was the president of the Vis International Commercial Arbitration Moot team and a member of the San Diego Law Review.  Erin also served as a judicial extern to the Honorable Gonzalo P. Curiel and the Honorable Cynthia Bashant at the United States District Court, Southern District of California in San Diego.

She received a B.A., magna cum laude, in History from Davidson College, where she was Phi Beta Kappa.  Erin competed on Davidson’s NCAA Division I volleyball and track & field teams. 

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Experience

  • Erin is a key member of the team representing a leading fertility network and its subsidiary in litigation and arbitration arising out of a cryostorage tank failure that potentially affected hundreds of patients. Erin has conducted depositions, prepared witnesses for trial, assisted in discovery, and drafted multiple motions. On June 24, 2020, Erin and the MoFo team scored a big win when the court denied class certification as to all defendants in the federal litigation.

  • Erin assisted the MoFo team in obtaining complete dismissal with prejudice, after two motions to dismiss, on behalf of a consumer electronics manufacturer in a putative class action alleging privacy claims based on alleged harm caused by authentication requirements. The court dismissed all claims, including claims under the California Invasion of Privacy Act, California Computer Crime Law, and Computer Fraud and Abuse Act.

  • Erin is one of the key associates on the MoFo team representing an orthopedic implant manufacturer in more than two dozen product liability cases filed around the country alleging injuries from hip replacement implants.

  • Achieved a walkaway settlement for a medical publishing company in a copyright matter before answering the complaint, saving the client significant time and money. Erin was an integral part of the team that moved the district court to hold an immediate settlement conference to convince the court and plaintiff of the weaknesses of the case. Rather than face strong counterclaims and a motion for attorneys’ fees, the plaintiff dropped his claims against the publishing company.

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