Eric A. Linden

Eric A. Linden is a partner in the Southfield office of Jaffe Raitt Heuer & Weiss. He is a member of the Firm's Litigation Practice Group, specializing largely in commercial litigation, and electronic payments litigation.

Eric's practice encompasses a broad range of commercial disputes with a particular emphasis on contract disputes, priority disputes over insurance proceeds, non-competition agreements, tortious interference and litigation concerning breaches of fiduciary duty. Before joining the Firm, Eric was a law clerk for the Honorable Cornelia G. Kennedy, United States Court of Appeals for the Sixth Circuit.

Eric earned his Bachelor's degree magna cum laude, phi beta kappa from Brandeis University and is a cum laude graduate of the University of Michigan Law School, where he served as an associate editor of the Michigan Law Review.

Recent Representative Electronic Payments Transactions

  • Representation of a regional ISO in connection with a litigation matter pending in Michigan with one if its agents over the accuracy of the calculation of residual payments
  • Representation of a regional ISO in connection with litigation pending in California concerning enforcement of a liquidated damage provision in its agent agreement for an agent which solicited and moved merchants in violation of the agreement
  • Successful representation of an ISO in Florida litigation with one of its sales representatives concerning the payments to which the sales representative was entitled when the ISO sold its portfolio, including the agent's merchants, to a larger company
  • Successful representation of a regional ISO in litigation pending in Pennsylvania concerning alleged violations of the Electronic Funds Transfer Act concerning an ACH debit applied against a merchant's account
  • Consultation and advice to a regional ISO concerning interpretation and implementation of a merchant agreement provision concerning the establishment and maintenance of a reserve account for a high-risk merchant
  • Appeal of a compliance assessment imposed by a card brand when a foreign bank suffered losses when the ISO's merchant's system was hacked

Recent Insurance Reconstruction Industry Transactions

  • Representation of insurance reconstruction contractor against lender, owner and insurance company in litigation pending in South Carolina concerning the proper allocation of insurance proceeds paid by insurer for covered loss
  • Successful representation of insurance reconstruction contractor against lender in Michigan bankruptcy court obtaining summary judgment that contractor was entitled to insurance proceeds as a matter of law under an unjust enrichment theory
  • Representation of insurance reconstruction contractor in Wisconsin against property owner, related individuals, and lender asserting claims for breach of contract, unjust enrichment, tortious interference, conversion, equitable lien, constructive trust and equitable subrogation and subordination
  • Successful representation of insurance reconstruction contractor which obtained summary judgment against lender for honoring an insurance draft without proper endorsement and obtaining treble damage award for conversion under Michigan law
  • Successful representation of insurance reconstruction contractor against hotel owners and operators for damages caused by Hurricane Isaac, including successful defense of motion to dismiss for lack of jurisdiction resulting in a mediated settlement
  • Successful representation of insurance reconstruction contractor in litigation in Florida resulting in a judgment after trial in excess of $10 million
  • Consultation and advice to insurance reconstruction contractor concerning coverage issues, contractual documents and statutory provisions applicable to the insurance reconstruction industry
  • Consultation, advice and representation of insurance reconstruction contractor in various bankruptcy courts around the country concerning the entitlement to insurance proceeds assigned to contractor pre-petition and therefore not part of the bankruptcy estate

Bar Admissions

  • Michigan
  • Florida

Honors & Awards

  • dbusiness Top Lawyer 2012

Professional Associations & Memberships

  • State Bar of Michigan—Member
  • Florida Bar—Member
  • Electronic Transactions Association - Member
  • Environmental Law Society—Member

Civic & Cultural Involvement

  • Brandeis University Alumni Association—Member
  • Rudgate Associates Homeowners' Association— President