Erica S. Weisgerber is a partner in the Litigation Department and a member of the Special Situations team whose practice focuses on restructuring and distressed investment litigation. Ms. Weisgerber has advised clients on restructuring- and litigation-related issues arising in bankruptcy cases, out-of-court restructurings, intercreditor and lender disputes, and other distressed situations across a diverse range of industries. Her extensive experience includes litigation relating to out-of-court financings and restructuring transactions, clawback claims arising out of domestic and international insolvencies, intercreditor claims, post-bankruptcy litigation trustee claims, and debtor and creditor representations. Ms. Weisgerber’s bankruptcy experience includes a range of debtor and creditor representations, adversary proceedings and contested matters in cases under Chapters 11 and 15 of the U.S. Bankruptcy Code and cross-border insolvency proceedings. Ms. Weisgerber also regularly represents investment banks in their retentions by major constituencies in Chapter 11 proceedings. She was named to Bloomberg Law’s nationwide “The Top 40 Under 40”, Law360’s 2023 Top Attorneys Under 40 for Bankruptcy and was recognized in 2020 by Turnarounds & Workouts in their annual list of twelve Outstanding Young Restructuring Lawyers in the United States. She was also selected as a member of the 2020 Class of the American Bankruptcy Institute’s 40 Under 40 and was awarded The M&A Advisor’s 2021 Chapter 11 Reorganization of the Year (over $1B) for her role as counsel to Canada Pension Plan Investment Board as co-sponsor of Neiman Marcus in its Chapter 11 restructuring. Ms. Weisgerber is ranked by Chambers USA (2024) as a leading lawyer in Bankruptcy/Restructuring, where clients describe her as “extremely hard-working and very knowledgeable about the subject matter as well as the wider industry” and have praised her “ability to distill complex issues into simple concepts when arguing in front of the court.” Ms. Weisgerber is recognized as one of the “500 Leading Litigators in America” by Lawdragon (2024).
Ms. Weisgerber’s broader commercial litigation practice also includes significant experience in federal and state courts litigating complex commercial and antitrust litigations. Her antitrust practice includes representing plaintiffs and defendants in civil litigation, representing clients before antitrust agencies in government reviews of proposed transactions and counseling clients with respect to antitrust issues associated with mergers and acquisitions, joint ventures and competitor’s exchange of information. Ms. Weisgerber is recommended for her antitrust litigation and merger control practice in The Legal 500 US (2024), and ranked as a leading antitrust lawyer by Chambers USA (2024). She also maintains an active pro bono practice and is a 2012 and 2013 recipient of The Legal Aid Society’s Pro Bono Publico Award for outstanding service to The Legal Aid Society and its clients. She has also been recognized as Empire State Counsel by the New York State Bar Association for her pro bono contributions. Most recently, she represented The Big Apple Circus, as a pro bono client, in litigation arising during the course of its Chapter 11 case.
Ms. Weisgerber is a member of the Bar of New York and is admitted to appear before the U.S. District Courts for the Southern and Eastern Districts of New York; the U.S. Courts of Appeals for the Second, Third and Tenth Circuits; and the U.S. Supreme Court.
Ms. Weisgerber is also a member of the American Bankruptcy Institute and the International Women’s Insolvency and Restructuring Confederation, for which she serves on the membership and programming committees. Ms. Weisgerber is an active speaker and author on issues relating to restructuring and bankruptcy litigation.
Ms. Weisgerber is a member of the New York State Bar Association, for which she serves as vice chair of the Antitrust Section. She previously served on the executive committees of the New York State Bar Association’s Young Lawyers Section and the Commercial & Federal Litigation Section. She is also an active member of the American Bar Association’s Antitrust Section and Litigation Section. She serves as an editor of the Antitrust Law Journal and previously served as a Vice Chair of the Antitrust Section’s Legislation Committee. She is also a member of the National Association of Women Lawyers, for which she has served as chair of programming for NAWL’s Annual Meeting and chair of NAWL’s membership committee. Ms. Weisgerber also serves as an editor-in-chief of the Debevoise Women’s Review.
Ms. Weisgerber joined the firm in 2008. From 2009 to 2010, she clerked for the Hon. Joseph Bianco of the United States District Court for the Eastern District of New York. Ms. Weisgerber received a J.D. magna cum laude from Georgetown University Law Center in 2008, where she was Order of the Coif and managing editor of the Georgetown Law Journal. She received an A.B. magna cum laude from Georgetown University in 2005.