Ericka H. Spears

Staff Attorney

Cincinnati
T 513.852.2638  |  F 513.929.0303

Ericka Spears is a member of the BakerHostetler team serving as court-appointed counsel to the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS), an unprecedented recovery effort involving hundreds of actions. She also assists in day-to-day employment law counseling.

During law school, Ericka was an Associate Member and Citations Editor for the University of Cincinnati Law Review, in which her article, “Strangers with Our Faces: How the Communications Decency Act Can Prevent Right of Publicity Stunts,” University of Cincinnati Law Review, 2011 (79 U. Cin. L. Rev. 409) was published. She was also a student blogger for the University of Cincinnati College of Law website.

Select Experience

  • Working on cases in active discovery and document review to prepare evidence supporting the SIPA Trustee's claims against defendants, and is also working to respond to document requests from defendants.
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Experience

  • Working on cases in active discovery and document review to prepare evidence supporting the SIPA Trustee's claims against defendants, and is also working to respond to document requests from defendants.
  • Actively involved in defense of employment discrimination cases, including in the media and hospitality industries. Assists with discovery and motion practice, including assisting with a successful motion to dismiss in the U.S. District Court for the Southern District of Ohio.
  • Assists in responding to Charges of Discrimination and day-to-day employment law counseling across multiple states, including cases involving disability discrimination, sex discrimination, harassment, race discrimination, and pay practices.

Memberships

  • Federal Bar Association
  • American Bar Association
  • Ohio State Bar Association
  • Cincinnati Bar Association
  • Black Lawyers Association of Cincinnati
    • Corresponding Secretary
    • Banquet and Constitution & Bylaws Committees

Community

  • University of Cincinnati Law Review Mentoring Program: Mentor

Services

Prior Positions

  • Kroger Company: Law Clerk (2010 to 2011)

Admissions

  • U.S. District Court, Southern District of Ohio, 2012
  • Ohio, 2011

Education

  • J.D., University of Cincinnati College of Law, 2011, magna cum laude
  • B.S.B.A., Marketing, The Ohio State University, 2008, magna cum laude, with honors

Blog

In The Blogs

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Employment Class Action Blog
Minnesota District Court Rejects Nationwide Scope and Conditionally Certifies Class of One Chipotle Store
September 18, 2014
Employees win most motions for conditional certification under the FLSA, with many courts declining to perform a probing analysis at that stage.  A recent case from the District of Minnesota, in which the court still applied a deferential...
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Employment Class Action Blog
Third Circuit Affirms Dismissal of Class Allegations for Vague Pleading
September 17, 2014
 “’Twas brillig, and the slithy toves Did gyre and gimble in the wabe: All mimsy were the borogoves, And the mome raths outgrabe.” Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were...
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Employment Class Action Blog
District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains
September 8, 2014
Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the military has to be a...
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Employment Class Action Blog
Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees
By Todd H. Lebowitz
September 2, 2014
The brain teaser game, What am I? can keep kids and adults occupied for hours: The more you take of me, the more I leave behind.  What am I? I have a face but no eyes, hands but no arms.  What am I? I disappear every time you say my name. ...
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Employment Class Action Blog
Sixth Circuit Affirms Dismissal of Class Claims Regarding Disability Benefits
August 29, 2014
ERISA benefit claims are frequently of only modest size individually, but can become overwhelming in a class context.  A decision this week from the Sixth Circuit affirms the dismissal of a putative class-wide disability claim under a...
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