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
Arizona District Court Rejects Joint Employer Arguments in Independent Contractor Case Alleging Misclassification of Truck Drivers
July 21, 2014
A month ago we discussed the Ninth Circuit’s decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the employer treated its delivery drivers as employees in everything but name, resulting in the...
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Employment Class Action Blog
California District Court Rejects Shotgun Attacks on Arbitration Agreements
July 14, 2014
Alright, we all know in the wake of Italian Colors, Concepcion, and now many other cases that the presumption of arbitrability isn’t just a doctrine to recite in the manner of saying grace before invalidating an agreement, but is actually...
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Employment Class Action Blog
The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves Some Wiggle Room
July 11, 2014
On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation industry operating in...
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Employment Class Action Blog
U.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective Action Under the FLSA is a Non-Waivable Substantive Right
By Joel C. Griswold
July 2, 2014
In the last week, we have seen several significant decisions from the U.S. Supreme Court.  On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of whether a...
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Employment Class Action Blog
California Supreme Court Eases Path Toward Class Certification of Independent Contractor Misclassification Claims
By Todd H. Lebowitz
July 1, 2014
Managing independent contractor relationships requires a delicate balance, perhaps best described (unknowingly, of course) by the band .38 Special in the song “Hold On Loosely”: Just hold on loosely But don’t let go If you cling too...
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