Eric B. Fastiff

The chair of Lieff Cabraser’s Antitrust, Intellectual Property, and Commercial Litigation Practice Group, Eric B. Fastiff has practiced commercial litigation for the past 23 years, working on numerous cases involving the drug, food, technology, finance, and natural resource industries. He also represents businesses in commercial disputes with their suppliers and competitors. His clients include governments, businesses, individuals, and consumer groups.

Eric served as co-lead counsel in the California Cipro litigation, representing California consumers and third party payors in a state court class action lawsuit charging Bayer, Barr Labs, and other generic prescription drug manufacturers with a conspiracy to restrain competition in the sale of Bayer’s blockbuster antibiotic drug Ciprofloxacin, sold as Cipro. The 17-year litigation ultimately resulted in settlements totaling $399 million, a result the Trial Court described as “extraordinary.” Eric and the LCHB team’s work on the Cipro case led to recognition by California Lawyer and the Daily Journal as 2016 California Lawyers of the Year and receipt of the American Antitrust Institute’s 2017 award for Outstanding Private Practice Antitrust Achievement.

Eric also represents The Charles Schwab Corporation in a suit against several major banks for allegedly manipulating the London Interbank Offered Rate (LIBOR), and successfully led the prosecution of a two week arbitration on behalf of a client that alleged both intellectual property and breach of contract claims. Eric’s notable successes include representing businesses that purchased TFT-LCD panels and products in litigation charging that the world’s leading TFT-LCD manufacturers conspired to fix prices. The litigation resulted in settlements totaling over $470 million.

Eric also spearheaded Lieff Cabraser’s clients’ prosecution of class action litigation against De Beers for monopolization of the rough diamond trade. In addition to successfully obtaining class certification in the California action, Eric played a key role in negotiating and finalizing the $295 million settlement in the federal case. Discussing the DeBeers case, The National Law Journal noted that Lieff Cabraser was

among the plaintiffs’ firms that weren’t afraid to take on one of the business world’s great white whales.

Earlier successful cases which Eric actively litigated include the BuSpar and Lupron prescription drug pricing litigation and the landmark California natural gas and electricity pricing litigation.

Eric has published and edited several works. For several years, he was the General Editor of California Class Actions Practice and Procedures and continues to serve on the Editorial Advisory Board of the Journal of Generic Medicines. He is active in the local community, serving on the Boards of Trustees of a nursing home for the aged and impoverished, a low-income housing apartment complex, an elementary school, and a non-profit organization that assists low-income employees maximize their salaries.

Eric is a graduate of Tufts University, The London School of Economics, and Cornell Law School.

Published Works

•General Editor, California Class Actions Practice and Procedures, 2003 - 2009
•Coordinating Editor and Co-Author, California section of the ABA State Class Action Survey, 2003 - 2008
•“US Generic Drug Litigation Update,” Journal of Generic Medicines 212, 2004
•The Proposed Hague Convention on the Recognition and Enforcement of Civil and Commercial Judgments: A Solution to Butch Reynolds’s Jurisdiction and Enforcement Problems,” 28 Cornell International Law Journal 469, 1995

Honors & Awards

•Selected for inclusion by peers in The Best Lawyers in America in the field of “Litigation - Antitrust,” 2013 - 2020
•“Lawdragon 500 Leading Plaintiff Financial Lawyers in America,” Lawdragon, 2020
•“Lawdragon 500 Leading Lawyers in America,” Lawdragon, 2019
•“Super Lawyer for Northern California,” Super Lawyers, 2010 - 2019
•“Plaintiffs’ Law Trailblazer, National Law Journal, 2018
•“Outstanding Private Practice Antitrust Achievement,” American Antitrust Institute, 2017
•“California Lawyer Attorney of the Year (CLAY) Award,” California Lawyer, 2016
•“Top Plaintiff Lawyers,” Daily Journal, 2016-2017
•“Leader in the Field” for Antitrust - Plaintiffs (California); Antitrust - Plaintiffs (Nationwide), Chambers USA, 2017
•“California Litigation Star,” Benchmark Litigation, 2013 - 2015
•“Top 100 Lawyers in California,” Daily Journal, 2013
•Legal 500 recommended lawyer, LegalEase, 2013
•“Top Attorneys in Business Law,” Super Lawyers Corporate Counsel Edition, 2012
•“Lawdragon Finalist,” Lawdragon, 2009

Past Employment Positions

•Honorable James T. Turner, U.S. Court of Federal Claims, Law Clerk, 1995 - 1996

In the News

•May 14, 2018
National Law Journal Names Eric Fastiff a “Plaintiffs’ Law Trailblazer”
•June 14, 2017
Daily Journal Names Lieff Cabraser Attorneys as 2017 Top Plaintiff Lawyers
•March 14, 2017
New Measure That Will Reshape Class Action Lawsuits Under Senate Review
•January 31, 2017
Chambers USA Selects Lieff Cabraser Attorneys as 2017 “Leaders in their Field”
•June 16, 2016
Elizabeth Cabraser and Eric Fastiff Named to Daily Journal’s Top Plaintiff Lawyers 2016

Volunteer Work

•San Francisco Jewish Home for the Aged, Board of Trustees
•Menorah Park, Board of Trustees
•Children’s Day School, Board of Trustees