Admissions

  • District of Columbia
  • Florida
  • Georgia
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Southern District of Georgia
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida
  • Supreme Court of Georgia
  • Georgia Court of Appeals

Erika C. Birg

Partner
erika.birg@nelsonmullins.com
T: 404.322.6110
F: 404.322.6404
Atlantic Station
201 17th Street NW, Suite 1700
Atlanta, GA 30363
50 N. Laura Street
41st Floor
Jacksonville, FL 32202
T: 904.665.3600

Erika C. Birg is a partner based out of the Atlanta office of Nelson Mullins Riley & Scarborough LLP. Ms. Birg focuses her practice on helping companies protect their businesses before, during, and after litigation, with experience in resolving business-to-business disputes through litigation, alternative dispute resolution, and state and federal appeals involving business torts, contract disputes, trade secrets, computer fraud and non-compete matters.

Experience

  • Consults with clients and corporate attorneys on revisions to business-to-business merger and asset acquisition contracts, limited liability company agreements, employment agreements, invention assignment agreements and noncompetition agreements, as well as confidentiality and non-disclosure agreements designed to protect commercially sensitive and proprietary information
  • Presents and writes on topics related to trade secrets, restrictive covenants and RICO matters
  • Leads litigation teams in complex commercial litigation cases involving fraud, federal and state RICO claims, defamation, breach of contract, breach of fiduciary duty and duty of loyalty, as well as trade secret misappropriation and intellectual property claims
  • Handles all forms of customized dispute resolution, including mediation and arbitration, and, of course, litigation in federal and state courts
  • Leads teams in internal investigations and State of Georgia bid protests

Representative Engagements - Intellectual Property, Trade Secret, and Unfair Competition Litigation

  • Counsel clients regarding updating confidentiality agreements and restrictive covenants
  • Work directly with clients to identify and develop methods to protect trade secrets, including presenting internal seminars, engaging in trade secret audits, and revising policies and procedures
  • Prosecute claims against business competitors for trade secret misappropriation, false advertising and unfair competition in federal courts in two states and defend against counterclaims alleging unfair competition and violations of the Lanham Act

Representative Engagements - Business Agreement Litigation and Dispute Resolution

  • Advise clients regarding contractual obligations before and after execution, regarding the enforceability of agreements, and about the duties arising by virtue of agreements, particularly the obligations of members and partners in the limited liability company and partnership arenas
  • Represent limited liability company members in various disputes involving claims of breach of fiduciary duty, conversion, and breach of the limited liability company agreement
  • Represent fifty-percent shareholder of closely held corporation against other shareholder in dispute over misappropriation of corporate funds and abuse of fiduciary duty

Representative Engagements - RICO, Fraud, and Business Tort Actions

  • Represent defendant in federal class action case alleging fraud and RICO conspiracy
  • Lead defense of corporation and individual employee against claims of fraud and RICO conspiracy relating to terms of employment and exercise of certain stock options
  • Prosecute claims for company against business that submitted false invoices and prosecute claims for successor liability against related business

Representative Engagements - Internal Investigations

  • Led nearly three-month internal investigation for government contractor upon discovery of employee-created conflicts of interest
  • Led internal investigation of billing practices of national professional services firm
  • Led internal investigation of C-Suite executive relating to claims of breach of fiduciary duty and potential misuse of corporate intellectual property
  • Led three teams in major internal investigation of accounting practices at Fortune 50 firm spanning over 18 months

Representative Engagements - Bid Protests

  • Represent services company in protesting Request for Proposal from Georgia Department of Administrative Services
  • Represent company in administrative bid protest before the State of Georgia Department of Administrative Services after full-scale re-bidding of project