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
The California Court of Appeal Disregards Differences Among Cell Phone Plans; Orders Reconsideration of Refusal to Certify Class Seeking Reimbursement of Employee Expenses
August 21, 2014
We are now seeing “bring your own device policies” in the class action context, and at least one court has glossed over differences among cell phone plans and usage to leave open the possibility of certifying a class in that context. In...
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Employment Class Action Blog
New York District Court Conditionally Certifies Class of Interns
August 20, 2014
A Blog About Bloggers Have you read any of the following lately? “Chinese Government Fans the Flams of the Ebola Zombie Rumors” “Arrested for Marijuana, Jackie Chan’s Son Could Face Execution” “Who is Dumpling All These Tuxedo Cats at a...
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Employment Class Action Blog
Court Rejects Pseudo-Expert Reports and Refuses to Certify Off-the-Clock Case
August 15, 2014
Off-the-clock cases involving call centers have been in vogue for a number of years despite lingering issues regarding whether they can truly be resolved on a class-wide basis.  A recent case from the District of Maryland, Faust v. Comcast...
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Employment Class Action Blog
Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration
August 11, 2014
My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014).  I went with the title that seemed to be of...
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Employment Class Action Blog
Third Circuit: Availability of Classwide Arbitration is an Issue for the Courts – Not Arbitrators – Unless the Parties Agreed Otherwise
August 1, 2014
Wednesday, the Third Circuit held that the determination of whether an agreement allows classwide arbitration is a question of arbitrability for the courts “unless the parties unmistakably provide otherwise.”  Opalinski v. Robert Half...
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