Eric D. Walther

Eric D. Walther

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Background

Commercial litigator with niche expertise in appellate law and procedure. Proven authority in both state and federal appellate courts. Regularly sought out to consult on complex appellate matters. 

A natural leader with sharp sensibilities in the courtroom, Eric Walther’s practice includes complex commercial litigation and appellate law. His focus primarily includes representing clients in disputes involving securities, breach of contract, corporate governance and real property. He is frequently consulted for his expertise in appellate law, procedure and strategy.

Along with his extensive district court experience, Eric regularly represents clients as lead counsel before Nevada’s appellate courts as well as the U.S. Court of Appeals for the Ninth Circuit. Having served as lead counsel on numerous successful appeals, Eric is a proven authority on appellate law and procedure, regardless of subject matter. Recognized for his unique expertise and writing skill, Eric is regularly sought out by other prominent law firms to consult on appellate matters and regularly writes on the topic. 

Prior to joining Brownstein, Eric clerked for Justice Mark Gibbons of the Supreme Court of Nevada. 

Representative Matters

Appellate

  • Successfully protected a multimillion dollar jury verdict and attorney fee award on appeal before the Nevada Supreme Court in a breach of contract action involving a large gaming company. 
  • Successfully protected a multimillion dollar verdict and attorney fee award on appeal before the Nevada Supreme Court in a contentious partnership dispute involving claims of fraud and misappropriation of funds on behalf of an international safety equipment company.

  • Successfully defeated a petition for a writ of mandamus before the Nevada Supreme Court involving a dissident manager’s access to privileged company communications.

  • Obtained dismissal of an appeal before the Nevada Supreme Court in a partnership dispute involving a multimillion dollar company that assists disabled military veterans.

  • Successfully defeated an effort to separate a grandmother and child under the Hague Convention on Child Abduction before the Ninth Circuit.  Flores Castro v. Hernandez Renteria, 971 F.3d 882, 883 (9th Cir. 2020).

Securities Litigation

  • Represented certain DISH Network directors as Nevada counsel concerning claims surrounding the potential purchase of wireless spectrum assets valued at $2.2 billion.

  • Represented the majority owner of a gaming company in a shareholder class action involving claims related to its merger with a publicly traded gaming company.

  • Represented an investment fund in a multimillion dollar breach of contract action related to the purchase of securities.

Commercial Litigation

  • Secured the return of equity in a veteran assistance company valued at tens of millions of dollars to the company’s majority owners based on fraud claims against the minority owner.

  • Represented a prominent developer in a breach of contract action related to a $2 billion construction project on the Las Vegas Strip.

  • Represented a commercial trucking company in a fraud and breach of contract action against an affiliated company.

  • Represented a prominent debt collection company and secured a complete defense in a wrongful termination action.

Insights & Publications

Credentials

Education

  • J.D., 2014, William S. Boyd School of Law, magna cum laude
  • B.A., 2011, University of Nevada, Reno, with distinction

Clerkships

Judicial Law Clerk to Chief Justice Mark Gibbons (ret.) of the Supreme Court of Nevada

Admissions

Nevada

Colorado

Ninth Circuit Court of Appeals

Tenth Circuit Court of Appeals

Supreme Court of the United States

Memberships

State Bar of Nevada

Community Involvement

COMMUNITY INVOLVEMENT:

Executive Advisory Board, The Darren Waller Foundation

Board Member, Las Vegas Natural History Museum (2020-2022)

Alumni Advisory Board, UNLV Gaming Law Journal

Legal Aid Center of Southern Nevada Pro Bono Project 100 Hour Club, 2016-2017

Legal Aid Center of Southern Nevada Pro Bono Project 200 Hour Club, 2019

Legal Aid Center of Southern Nevada Pro Bono Attorney of the Month, April 2017

Recognition

AWARDS:

AV-Preeminent Peer Rating, Martindale-Hubbell

Best Lawyers: Ones to Watch in America, 2021-2025

Nevada Business Magazine, Top Rank Attorneys, 2018, 2020-2023

Super Lawyers, Mountain States, Rising Stars, 2021-2024

Vegas Inc Top Lawyer, Appellate, 2020-2021, 2024