Eric J. Wycoff
Eric Wycoff is a partner in Pierce Atwood's Litigation Practice Group. He successfully represents companies and individuals involving commercial disputes, probate litigation matters, environmental matters, and bankruptcy matters. Eric enjoys working closely with his clients to obtain positive results in the most practical and efficient way. He regularly appears on behalf of clients before federal and state trial courts in Maine and the District of Columbia, federal and state appellate courts, and arbitrators. Before coming to Pierce Atwood in 2004, Eric was a litigation associate in the Washington, D.C. office of a large multinational law firm. There his practice involved litigating commercial disputes and challenges to agency action before state and federal courts and administrative agencies. Eric also served as Judicial Law Clerk to the late Justice Jerry L. Larson of the Iowa Supreme Court.
Honors & Distinctions
- Recognized by The Best Lawyers in America® for Commercial Litigation and Litigation - Banking and Finance (2013-present)
Professional Activities
- Maine State Civil Rules Committee (appointed by Maine Supreme Judicial Court)
- Executive Committee of Civil Process Stakeholders Working Group (appointed by Maine Supreme Judicial Court)
- Executive Committee of Civil Process Improvement Stakeholders Working Group (appointed by Maine Supreme Judicial Court)
- Maine Advisory Council, New England Legal Foundation
- Maine State Bar Association
- Cumberland County Bar Association
- Iowa State Bar Association
- District of Columbia Bar Association
Civic Activities
- Diocesan Finance Council (2018-present)
- Finance Council for Cathedral of the Immaculate Conception (2017- present)
- Chair, Pastoral Council for Portland Peninsula and Island Parishes (2017-2022)
- Finance Council for Portland Peninsula and Island Parishes (2017-2022)
- Chair, Pastoral Planning Committee for Portland Peninsula and Island Parishes (2016-2017)
- Board of Trustees, Catholic Foundation of Maine (2011-2018)
- Board of Directors, The Presence Radio Network (2010-2016)
- Co-chair, Red Mass Committee for the Jurisdiction of Maine (2009-2011)
Practice Areas
Representative Experience
- As lead trial counsel, successfully defended owner and operator of limestone quarry against claims for alleged damage from dust, noise, and vibrations from quarry and manufacturing operations.
- Lead appellate counsel and lead trial counsel for banking client in connection with obtaining verdict for secured transaction collection effort and defeating multiple appellate challenges.
- Trial counsel defending debt settlement firm and its principal against Unfair Trade Practices claim prosecuted by Maine attorney general.
- Lead counsel to supplier of building materials in collection efforts against non-paying building contractors, including obtaining mechanic's liens.
- Lead counsel to large mortgage companies defending against counterclaims brought by homeowners in foreclosure matters.
- Counsel for nuclear power companies in spent nuclear fuel litigation brought against the United States Department of Energy.
- Lead trial and appellate counsel to nonprofit relating to charitable gift and terms of gift.
- Lead trial counsel to majority shareholders in action brought by minority shareholders seeking corporate dissolution and asserting claims for breach of fiduciary duty and fraud, resulting in purchase of 100% of stock by majority shareholders under favorable terms.
- Lead trial counsel defending national real estate developer against Unfair Trade Practices claim prosecuted by Maine attorney general.
- Lead trial counsel to banking client in connection with defending against claim for aiding and abetting breach of fiduciary duty by majority shareholder, brought my minority shareholder of family of companies.
- Lead trial counsel to former owner of auction company, defending against claims by purchaser for violation of non-solicitation, non-competition provisions of agreements.
- Lead trial counsel to majority shareholder in action brought by minority shareholder seeking corporate dissolution and asserting claims for fraud, breach of fiduciary duty, conversion, shareholder derivative claims, and punitive damages, resulting in sale of stock to minority shareholder under favorable terms.
Latest Updates in Litigation
Representative Experience
- Trial counsel to surviving children, who were sole beneficiaries under father’s will. The father was domiciled in Maine at the time of his death in Florida, and had real estate and financial assets in Maine and Florida. Five years before father’s death, he married a woman in Florida, after entering into pre-nuptial agreement providing that all of his assets would pass to his surviving children. As father aged and approached death, the stepmother engineered transfers of father’s property to herself, to deprive surviving children of assets. Asserted claims on behalf of surviving children in federal court, Maine Superior Court, and Maine Probate Court, simultaneously, resulting in favorable settlement.
- Trial counsel to plaintiffs, one of whom was personal representative of estate and all of whom were beneficiaries of testamentary trust. The plaintiffs asserted claims against trustee for breaches of fiduciary duty and breaches of trust, in connection with his administration of trust in contravention of trust instrument. After favorable orders obtained following trial before Maine Probate Court, matter resolved in favorable settlement.
- Trial counsel to charitable organization in a dispute over significant testamentary bequest and ambiguity regarding the identity of charitable organization the decedent intended to benefit, which resulted in very favorable settlement in favor of charitable organization.
- Trial counsel to institutional trustee, defending against claims of conversion, breach of fiduciary duty, fraud, unjust enrichment, and punitive damages brought by beneficiaries of testamentary trusts.
- Lead counsel to remainder beneficiaries of marital trust who were children of decedent, and successfully sought early termination of trust before death of stepmother-trustee, prior to litigation.
- Trial counsel to personal representative of estate in dispute with beneficiaries of estate accusing personal representative of misfeasance; obtained decision dismissing beneficiaries’ claims after trial.