Erika K. Thomas

Counsel

New York
T +1.212.589.4287
F +1.212.589.4201

Overview

Erika Thomas focuses her work on providing strategic counseling and advocacy for clients. Leveraging more than two decades of experience as a litigator, including four years as a federal prosecutor and 12 years as in-house counsel with a Fortune 500 company, Erika brings a distinct perspective and insight to her practice. She is committed to understanding clients’ business and strategic priorities and helping them proactively identify, assess and avoid or minimize the risks, uncertainties and disruptions associated with litigation.  

As an assistant United States attorney in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York, Erika investigated and prosecuted a range of complex white collar criminal offenses, including investment schemes, bank fraud, wire fraud, healthcare fraud, immigration fraud and money laundering. Later, as associate general counsel with a public company, she worked closely with stakeholders at all levels to identify and resolve ethics, compliance, data privacy and employment issues, in addition to conducting internal investigations and providing advice on a wide range of employment and corporate compliance/regulatory issues.

Select Experience

  • Member of the BakerHostetler team serving as court-appointed counsel to the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC and the E-Discovery, Advocacy and Management team.
  • Advised internal stakeholders in connection with investigations of suspected violations of the Foreign Corrupt Practices Act.
  • Advised internal stakeholders in connection with the implementation of policies, processes and controls in the areas of ethics, anti-bribery and corruption, global employee training, hiring practices, third-party due diligence, gifts and entertainment, and whistle-blowing hotlines. 
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Experience

  • Member of the BakerHostetler team serving as court-appointed counsel to the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC and the E-Discovery, Advocacy and Management team.
  • Advised internal stakeholders in connection with investigations of suspected violations of the Foreign Corrupt Practices Act.
  • Advised internal stakeholders in connection with the implementation of policies, processes and controls in the areas of ethics, anti-bribery and corruption, global employee training, hiring practices, third-party due diligence, gifts and entertainment, and whistle-blowing hotlines. 
  • Created and presented training for human resources and senior business leaders on conducting internal investigations and for marketing and business teams on the practical effects of changes to international data privacy laws.
  • Advised human resources managers in resolving employee relations, and disciplinary, onboarding and termination issues, including reviewing, creating and implementing relevant policies, online forms and training.
  • Created data breach notifications and coordinated responses to regulators, customers and affected individuals. 
  • Co-counsel in five multidefendant criminal jury trials, resulting in convictions.
  • Successfully argued five appeals in the Second Circuit Court of Appeals.

Recognitions and Memberships

Memberships

  • International Association of Privacy Professionals (IAPP)
    • Certified Information Privacy Professional – United States (CIPP/US)
  • Society of Corporate Compliance and Ethics (SCCE)

Community

  • New York City Conflicts of Interest Board 
  • New York State Judicial Screening Committee 
  • Girl Scouts of Greater New York: Troop Leader

Pro Bono

  • Argued a pro bono appeal in the Second Circuit Court of Appeals on behalf of a state prisoner challenging the conditions of his confinement.

Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • New York

Education

  • J.D., University of Pennsylvania Law School, 1994; Journal of International Business Law, Managing Editor
  • B.A., Harvard College, 1990