Whitfield & Eddy P.L.C.

Erik S. Fisk

Phone: 515.288.6041
Fax: 515.246.1474
Des Moines Office
Secretary: Zack Valentine
Secretary Phone: 515.558.0157

Overview

As a member at Whitfield & Eddy, P.L.C., Erik has experience primarily in business and employment law, business litigation, construction, debtor/creditor, and family law issues.  Erik helps individuals and companies manage the practical side of risk — from the world of organization, compliance, contracting, personnel, and policymaking through litigation in both state and federal court.

Erik is also a certified SPHR (Senior Professional in Human Resources), with the experience and skill to evaluate the implications that disputes, problem employees, training issues, or a letter from OSHA force on his clients.  In addition to teaching at the university level, Erik has extensive training experience and is a frequent speaker on legal issues.

Of Particular Note:

  • Two favorable Polk County jury trial verdicts in 2011
  • Summary judgment entered on five of Plaintiffs’ seven claims in multi-party, multi-million dollar alleged product defect dispute in 2011
  • Summary judgment entered, dismissing claims against Defendant that had been pending for six years before Erik’s involvement

Languages

  • French

Awards and Recognitions

Experience & Professional Activities

Work Experience:

  • Member with Whitfield & Eddy, P.L.C. since 2012
  • Associate with Whitfield & Eddy, P.L.C. since 2005
  • Associate Instructor of Public Speaking, Indiana University, 1999-2000

Professional Activities and Affiliations:

  • International Association of Defense Counsel Trial Academy 2011
  • American Bar Association (Sections: Labor & Employment Law; Litigation; Public Contract Law; Forum on the Construction Industry)
  • Iowa State Bar Association (Sections: Business Law; Real Estate and Title Law; Environmental and Natural Resources)
  • Order of the Coif
  • Polk County Bar Association

Cases, Presentations & Publications

Published Cases:

  • Hurm v. Dubuque Glass Co., 2012 U.S. Dist. LEXIS 60822 (N.D. Iowa May 1, 2012)
  • Nationwide Agribusiness Ins. Co. v. SMA Elevator Constr., Inc., 816 F. Supp. 2d 631, 637 (N.D. Iowa 2011)
  • Merfeld v. Warren County Health Servs., 597 F. Supp. 2d 942 (S.D. Iowa 2009)
  • AAA Elec., Inc. v. Agriprocessors, Inc., 2008 Iowa App. LEXIS 1180 (Iowa Ct. App. October 1, 2008)
  • Heartland Specialty Foods v. Johnson, 731 N.W.2d 397 (Iowa Ct. App. 2007)

Selected Publications, Presentations and Teaching Appointments:

  • Presenter, “Construction and Industrial Stormwater Permitting,” Lorman Seminar, January 30, 2014.
  • Presenter, “Recent FMLA Developments,” FMLA Master Class for Iowa Employers, December 17, 2013.
  • Presenter, “Military Family Leave: Current and Future Obligations,” FMLA Master Class for Iowa Employers, December 17, 2013.
  • Presenter,”Weather-Related Absenteeism: Policies, Payroll Adjustments, Telecommuting, and More,” National Webinar hosted by Business and Legal Resources, November 12, 2013.
  • Presenter, “Employment Law for the Super HR Department,” Legal Support Professionals of Iwoa, October 19, 2013.
  • Presenter, “Guns-at-Work Laws: A Legal Obligation and Liability Primer for Employers,” a national webinar sponsored by Business and Legal Resources (BLR), April 2013.
  • Contributor, 50 States Employment Laws, Business and Legal Resources (BLR), 2012.
  • Co-editor (Iowa), State-by-State Guide to Construction Contracts and Claims, Aspen Publishers, 2007-Present.
  • “Environmental Issues — Contaminated Property Transactions,” National Business Institute’s Advanced Issues in Real Estate Law Seminar, December 2012.
  • “FLSA/Wage-Hour Crackdown,” Sterling Education Services Advanced Employment Law Seminar, November 2012.
  • “Divorce in the Cloud — Cloud Computing Issues in Family Law,” Iowa State Bar Association Family Law Seminar, November 2012.
  • “Legal Updates: Overview of Contract Principles,” National Business Institute, June 2009.
  • “Iowa Contracts Update,” Whitfield & Eddy Litigation Section Meeting, May 2009.
  • “Is An LLC Right For You?,” National Business Institute, May 2008.
  • “Local MBE/DBE Requirements,” National Business Institute, 2008.
  • Author, “The ‘I’m Sorry’ Law: A New Instrument for Professionals and the Defense,” Defense Update: The Iowa Defense Counsel Association Newsletter, Spring 2007.
  • Co-author, “E-mail, Public Records, and Public Meetings Statutes: Public Employee Privacy in Cyberspace,” Access to Government in the Computer Age, American Bar Association, 2007.
  • Adjunct Instructor of Public Speaking, Des Moines Area Community College, 2005-06.
  • Author, “Stigma Damages in Construction Defect Litigation: Feared by Defendants, Championed by Plaintiffs, Awarded by (Almost) No Courts – What Gives?” Drake Law Review, Volume 53:4, 2005.
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Jurisdictions

Education

J.D. Drake University Law School, with highest honors, 2005 (Dwight D. Opperman Scholar, 2002-2005; Projects Editor: Drake Law Review, 2004-2005) M.A. Indiana University, 2000

B.A. Drake University, summa cum laude, 1999 (Phi Beta Kappa Society)

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