Eric P. Early

Eric P. Early, the firm’s Managing Partner, is regularly involved in complex litigation matters, primarily focusing on a range of business, constitutional, real estate, title and entertainment related litigation. Before starting Early Sullivan Wright Gizer & McRae LLP with several of his partners, Eric had been a business litigation partner for ten years at Glaser Weil LLP, formerly the Christensen Miller firm, in Los Angeles.

Eric’s wealth of litigation and trial experience includes trials and complex arbitrations and mediations in California, Illinois, New York, Nevada, Delaware, Colorado, Arizona and Florida.

Eric has handled and overseen many great cases along the way. Some of them include the following:

Real Property and Title Insurance:

Central Pacific Bank v. Fidelity National Title Company and Fidelity National Title Insurance Company, Case no. RIC 525 131, Riverside County Superior Court, Riverside County California

Eric was lead trial lawyer for defendants in this action and, following years of hard fought litigation and a 2 month jury trial, obtained a complete defense verdict for Fidelity National Title Insurance Company. The plaintiff bank, was represented by a large national law firm, and sought more than $30 million. California’s leading legal publication, The Daily Journal, selected the verdict as one of the “Top Defense Verdicts of the Year”.[1]

Kizer v. PTP, et al., Case No. 3:15-cv-00120-RCJ-WGC (USDC Dist. Nev.)

In this case, we defended approximately 200 retirees who had moved from many parts of the country to a small town in northern Nevada. The action was brought by a member of the Washoe Tribe, who threatened to take our clients’ family homes (which are located on Indian land). After a long hard fought litigation, and many meetings with our clients who were understandably very upset about the possibility of losing the homes in which they had relocated cross country to retire, the case was resolved with all of the Firm’s clients able to keep their family homes.

Lochland Holdings, LLC v. First American Title Ins. Co., American Arbitration Association Case No. 72 159 Y 00274 11

After a year of hard fought litigation, Eric was lead trial lawyer in a binding arbitration before a panel of three arbitrators in Los Angeles centering on the most exclusive residential property in Maui, Hawaii. Plaintiff, a tech mogul, was represented by the national law firm of Holland & Knight and sought $26 million in compensatory and punitive damages. After hearing the testimony of more than 20 witnesses from around the country, the arbitration panel granted Eric’s client, First American Title Insurance Company, a complete defense verdict for claims of breach of contract and insurance bad faith. Notably, within the past few months, Jeff Bezos has purchased the exclusive Maui property on which this case focused.

Constitutional and Business:

Herring Networks, Inc., One America News Network, Robert Herring and Charles Herring

Eric represented Herring Networks, Inc. (which owns and operates One America News Network) against ATT, Inc., DirecTV and the Chairman of the Board of ATT, Inc. William Kennard, for breach of contract and tortious interference with contractual relations, relating to the deplatforming of One America News from DirecTV. Herring Networks, Inc. v. AT&T, Inc., et al, Case No. 37-2022-00008623-CU-BC-CTL, San Diego Superior Court. The case has settled.

Fair Education Santa Barbara, a 501(c)(3) organization v. Santa Barbara Unified School District, Case No. 2:18-cv-10253-5VA (USDC C.D. CA)

This is considered the first-ever case in the country against Critical Race Theory. Eric was lead counsel representing a group of brave Santa Barbara citizens against the Santa Barbara Unified School District, its Superintendent, and a group called, Just Communities Central Coast. At the time in 2019, most Americans had never heard of Critical Race Theory.

Eric had been approached by a group of brave citizens who said that their kids were being indoctrinated in school to hate America, were being divided by race, taught that all white people were oppressors and colonizers, and all brown people were victims. At that time, very few people with knowledge of what was happening were speaking publicly about these issues, for fear of retribution. Several of the key witnesses (parents and students) required their names to be kept strictly confidential. The parents who contacted Eric said that they had tried to get all of the course materials from the school district but were told they were not entitled to see them.

One of the opening paragraphs in the Firm’s Petition/Complaint read as follows:

“’Just Communities’ Central Coast, Which Has for Years Been Enabled and Paid by SBUSD, is Divisive and Discriminatory. This action is brought against the anti-Caucasian, anti-Christian organization calling itself, Just Communities Central Coast, Inc., and its willing enablers, SBUSD (and Superintendent Matsuoka) – organizations that have had a veritable revolving door of employees working for each. [We bring this action] to obtain relief … immediately halting their discriminatory actions and teachings …”

The case was brought based on violations of the California Education and Government Codes for Intentional Discrimination on the Basis of Race, Ethnicity, Religion and Sex.

After months of hard fought litigation, Eric’s team was able to get copies of the school materials that had been withheld from the parents. A member of the team was able to get the materials to then Education Secretary Betsy Devos who got the materials to President Trump and the case became part of the effort to shed light for all of America on what was going on in the nation’s schools.

Don Blankenship v. NBCUniversal etc., et al, United States District Court for the Southern District of West Virginia (removed from Mingo County Superior Court, West Virginia), Case No. 2:19-CV-00236 (2019)

In this case, originally filed in Mingo County, West Virginia in 2019 and removed to Federal Court in West Virginia, Eric was lead counsel representing former coal baron Don Blankenship against the entire spectrum of the mainstream media, which had repeatedly defamed Mr. Blankenship during his run for U.S. Senate in 2018, calling him a convicted felon even though he had never been convicted of a felony. The lawsuit sought to overturn the New York Times v. Sullivan standard that makes it incredibly difficult for public figures to prevail in defamation actions, which in-turn allow the media to publish lies about public figures with almost complete impunity.

The opening paragraph of the lawsuit’s Complaint provides a good general overview of why the it was filed. It reads as follows:

“A Case of Weaponized Defamation. The mainstream media and much of the political establishment today routinely, and with actual malice, set out to destroy public figures with outright lies. The competition for viewers is intense and nothing brings in eyeballs like scandal and degradation. So too is the establishment media’s bloodthirsty desire to destroy those with whom they disagree politically. We live in an age of weaponized defamation where lies can be repeated in more ways at more times in more places with more speed than anyone could possibly have imagined even five years ago, much less in 1964 when the seminal case in the area of defamation of public figures was decided. This lawsuit will help determine whether the media and the political establishment, in this increasingly malevolent and digitized environment, can continue to tell outright lies about what they consider public figures running for office, as part of their effort to sway elections and tarnish non-establishment candidates, while intentionally putting blinders on, and completely hoodwinking, the American public in the process.”

Eric’s team prevailed against the media defendants on their all important Motion to Dismiss,[2] but eventually lost at the summary judgment stage, and also at the appellate court level. 60 F. 4^th 744 (4^th Cir. 2023).[3] However, Eric’s eventual Petition for Certiorari to the U.S. Supreme Court came within a hares breadth of being granted, and resulted in a concurring Slip Opinion being written by Justice Clarence Thomas.[4]

Dr. Joseph Mercola v. The New York Times Company, United States District Court for the Middle District of Florida, Case No. 2:23-cv-00545-SPC-KCD

In this action, Eric was brought in to appeal a ruling against Dr. Mercola in his defamation action against The New York Times. The appeal is still pending in the United States Court of Appeals for the Eleventh Circuit (No. 24-10784-A).

Dr. Mercola is a prominent physician who was sabotaged by The New York Times in an article titled, “The Most Influential Spreader of Coronavirus Misinformation Online” which was published during the Biden Administration hysteria demanding that everyone be vaxed for Covid 19. A version of the article was also printed by The New York Times, under the headline “Disinformation is Big Business for One Doctor.”

Steve Wynn v. The Associated Press, Supreme Court of the State of Nevada (2024), Case No. 85804

Eric has recently filed an Amicus Brief on behalf of a client in support of Wynn Resorts casino mogul Steve Wynn for his pending Petition for Certiorari in the United States Supreme Court. The Amicus Brief supports Mr. Wynn in his efforts to overturn the New York Times v. Sullivan standard mentioned above.

Tracinda Corporation v. DaimlerChrysler, 502 F.3d 212 (USDC Dist. Delaware 2007)

Back in 2007, Eric second chaired a trial in Federal Court in Delaware representing Kirk Kerkorian and his holding company, Tracinda Corporation, in a billion dollar securities fraud case. Mr. Kerkorian, who has since passed away, was once the wealthiest person in Los Angeles, California. He was a legendary deal maker who at various times was the majority shareholder/owner of MGM Studios, Chrysler Corporation, the MGM Grand Hotel (which he built) and The Bellagio in Las Vegas.

The case arose from the 1998 merger of Daimler-Benz AG, a German corporation and owner of the Mercedes-Benz brand, and Chrysler Corporation, one of the “Big Three” American automakers at the time. Prior to closing, the merger had been billed as a “merger of equals,” with management of the new company, Daimler-Chrysler AG, to be shared equally between former Daimler-Benz and Chrysler executives. Shortly after the merger, however, several former Chrysler executives left the company, leaving a greater share of control to the former Daimler-Benz executives. In 2000, the CEO of DaimlerChrysler, Jurgen Schrempp, made public statements suggesting that these management changes were exactly what he and other Daimler-Benz executives had wanted prior to the merger. In response, various Chrysler shareholders, including Kirk Kerkorian’s investment company, Tracinda Corporation, brought suit against DaimlerChrysler, Daimler-Benz, Schrempp, Manfred Gentz, and Hilmar Kopper, alleging fraud, misrepresentation, and other violations of the federal securities laws in connection with the merger. The Chrysler shareholders alleged that, had they known the merger was a takeover, rather than a “merger of equals,” they would have demanded a change-in-control premium upon consummation of the merger.

Brull v. Meridian Health Services Holding, et al., JAMS Case No. 1100079509

In this case, Eric obtained a complete defense verdict at arbitration for his clients who own and operate nursing homes throughout California. His clients were being sued for alleged breaches of fiduciary duty, fraud, and various corporations code violations.

Phil Spector v. Robert Shapiro

Years ago, Eric represented his former law partner Robert Shapiro (of OJ Simpson trial fame) in a lawsuit brought by famed music producer Phil Spector (who has since died). Spector sued Shapiro for return of a non-refundable one million dollar retainer that Spector had paid for Shapiro to defend him against criminal charges for allegedly shooting and killing B-movie actress Lana Clarkson. Spector was eventually convicted and died in prison.

During a break in Eric’s deposition of Spector, after everyone else had left the room, Spector regaled Eric about his friendship with John Lennon and how Lennon would protect him from Paul McCartney, especially after Spector had produced the song, “Let it Be”, with a sound that McCartney apparently detested. The case ended up settling.

Before Law School

Before attending law school, Eric spent several years in the film industry including stints directing and producing short films for The Great Space Coaster children’s television show, post-producing animated shows such as Transformers, G.I. Joe and Jem and the Holograms, as well as writing several episodes of those series, editing award winning documentaries, serving as Director of Film Operations for Atlantic Entertainment Group, and producing trailers for B-movie king, Roger Corman.

Politics:

Eric ran as a Republican candidate for California Attorney General in 2018 and received over 950,000 votes in California’s June 2018 Primary. Eric stated at the time, “Running for public office was one of the most gratifying and rewarding experiences of my life. Although Sacramento is currently in deep and serious trouble, the thousands of incredible Californians I met and to whom I spoke – from San Diego County in the south to Siskiyou County in the north – reinforced my hope and belief in our great state and its citizens. I continue to believe that notwithstanding what we are presently going through, California’s best days still lie ahead.”

Following the AG race, Eric ran for United States Congress in California’s 28th Congressional District against Adam Schiff in the 2020 election cycle. Eric prevailed against 6 others in California’s March 2020 Primary and went head-to-head against Schiff in the November 2020 General Election while Schiff was leading the Russia Hoax and lying to tens of millions of Americans. While Eric did not prevail against Schiff, he obtained major support from across the nation, and had the distinct honor of kicking Schiff’s butt in their televised debate.

Eric also was lead counsel for The California Patriot Coalition – Recall Governor Gavin Newsom (RecallGavin2020), the only Newsom recall effort that successfully got the recall election on the California ballot.

Eric ran for Attorney General again in 2024 against incumbent Rob Bonta, receiving over 1.1 million votes in the Primary, and ran for U.S. Senate against Schiff, Katie Porter, Barbara Lee and Steve Garvey in the 2024 election to replace Diane Feinstein.

Education:

Eric received a Bachelor of Fine Arts degree from New York University’s School of the Arts and received his Juris Doctorate from Southwestern Law School.

Eric attended law school in Los Angeles at night because he worked during the day to support his young family.

Awards and Recognition:

• Selected as a “Southern California Super Lawyer” every year since 2005.
• Selected as one of the ”Top 100 Southern California Super Lawyer” in 2024.
• Selected as one of the “Best Lawyers in America” each year since 2017.
• Selected by Los Angeles Business Journal in 2023 for its publication “Leaders of Influence: Top Litigators & Trial Attorneys”

Radio:

• Eric was the host of the weekly conservative radio show, “The Early Edition” on Salem Radio KRLA AM870 in Los Angeles for over a year.
• Eric was the host of a weekly conservative radio show, “The Latest with Eric Early” on KABC AM790 in Los Angeles for over a year.
• For 2 years, until he recently voluntarily stepped away, Eric was the host of daily one hour conservative political show, “The Conversation With Eric Early” on CRN Digital Talk Radio.
• I have appeared on national and local television countless times while running for office. National appearances have included Fox News, Newsmax, One America News.

Family:

Eric and his wife, a Registered Nurse, are the proud parents of 4 children, 2 grandchildren, 3 dogs, 1 cat, a turtle and many chickens and ducks.

[1] Jury Clears Title Insurance Company Of All Claims In Bad Faith Lawsuit RIVERSIDE, Calif. — A California state court jury on April 25 returned a unanimous verdict clearing a title insurance company of wrongdoing in a bad faith lawsuit regarding a failed $37 million construction loan made by a bank to a developer for the construction of a residential development (Central Pacific Bank v. Fidelity National Title Insurance Co., No. RIC 525131, Calif. Super., Riverside Co.). Mealey’s, Timothy Raub.

[2] chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.courthousenews.com/wp-content/uploads/2020/04/blankenship.pdf

[3] chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ca4.uscourts.gov/opinions/221198.p.pdf

[4] chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.supremecourt.gov/opinions/23pdf/22-1125_c07d.pdf; https://www.law.com/2023/02/22/4th-circuit-holds-ex-coal-baron-and-political-candidate-failed-to-show-malice-in-defamation-suit/?slreturn=20250219184105\

Representative Matters

• Lead trial lawyer representing defendant in the $26 million action titled, Lochland Holdings, LLC v. First American Title Ins. Co., AAA Case No. 72 159 Y 00274 11. Obtained defense verdict.
• Lead trial lawyer representing defendants in the $55 million action titled, Central Pacific Bank v. Fidelity National Title Company and Fidelity National Title Insurance Company, Case no. RIC 525 131, Riverside County, California. Obtained complete defense verdict following 2 month jury trial.
• Represented film financier Bodo Scriba in the action titled, Twentieth Century Fox v. Scriba, USDC, C.D. Cal, CV-01109-GW. Fox sued Scriba for breach of an international motion picture distribution agreement (for the distribution of films in the Russian territories) and fraud, and dismissed the case in its entirety on the eve of trial with no settlement entered.
• Representing Greece's Alpha Satellite Television, S.A. against Warner Brothers International Television in an action involving claims for breach of a $60 million licensing agreement.
• Representing Fidelity National Financial and First American and their subsidiaries in insurance bad faith actions
• Defending prescriptive easement, trespass, lien priority and coverage disputes for Fidelity, Chicago Title, Lawyers Title, Ticor Title and their insureds.
• Representing a prominent cosmetics packaging company in an action against a European cosmetics manufacturer.
• Representing Industry Entertainment in breach of contract actions against noted talent managers.
• Representing a prominent sports agent in a dispute over agent and management commissions against a major basketball player.
• Representing Tracinda Corporation in a securities class action.
• Representing a developer against the City of Los Angeles in a zoning and takings dispute.
• Representing MGM Studios in an action against Sylvester Stallone regarding the Rocky franchise.
• Representing Paramount Pictures in a defamation action brought by Michael Jackson.
• Representing attorney Robert Shapiro in an action brought by record producer, Phil Spector.

Sampling of Reported Cases

• In re: DaimlerChrysler AG Securities Litigation, 2003 WL 22951696 (D. Del.).
• Fidelity National Title Insurance Company of New York v. Intercounty National Title Insurance Company, 2004 WL 906120 (N.D. Ill.).
• Johnson v. Aljian, 394 F. Supp. 2d 1188 (C.D. Cal. 2004).
• Tracinda Corporation v. DaimlerChrysler AG, 2005 WL 927187 (D. Del.).
• PKG Group, LLC v. Gamma Croma, S.p.A., 446 F. Supp. 2d 249 (S.D.N.Y. 2006).
• Tracinda Corporation v. DaimlerChrysler AG, 502 F.3d 212 (3d Cir. 2007).
• Independent Trust Corporation v. Fidelity National Title Insurance Company of New York, 577 F. Supp. 2d 1023 (N.D. Ill. 2008).

Publication

• It's A Wonderful Life, Motion Picture Studios Can Regain Control of Their Wayward Classics, 1 UCLA Ent. L.Rev. 139 (1994).