Erin Formby

Senior Associate

Erin Formby is a litigator with over half a decade of experience representing clients in complex commercial litigation and arbitration. Erin approaches dispute resolution with an analytical mindset shaped by her background in chemistry. She is comfortable navigating highly complex matters and brings a steady focus to understanding how facts, data, and legal strategy intersect.

Erin represents clients in state and federal courts, and she has broad experience in both international and domestic commercial arbitration. She has represented clients in arbitrations under the ICDR International Arbitration Rules, AAA Commercial Arbitration Rules, AAA Construction Arbitration Rules, and CPR Non-Administered Arbitration Rules, among others. She represents corporate and individual clients across a range of industries, including energy, finance, real estate, construction, and technology. She has handled disputes arising out of services agreements, trust agreements, purchase and sale agreements, JOAs, sales of goods, easement agreements, lease agreements, and licensing agreements, often in matters that require close attention to technical and contractual detail. Erin also has experience with fiduciary litigation, successfully defending a Trustee through trial in a case involving breach of fiduciary duty and fraud claims.

Prior to her commercial litigation career, Erin graduated from Harvard Law School with honors. While at HLS, she spent a semester studying abroad in Bogotá, Colombia, further developing her Spanish language skills and gaining experience with international legal issues. Following graduation, Erin returned to Bogotá as a Harvard Law School Public Service Venture Fund Fellow, working with a Colombian organization on domestic and international litigation matters. Having lived and worked in Latin America, Erin is professionally fluent in Spanish and has applied these skills in litigation and arbitration, including directing a witness who testified in Spanish during an ICDR arbitration evidentiary hearing, where she defended the testimony and addressed translation issues on the record.

 

Locations

Fort Worth

301 Commerce St. | Ste. 2200
Fort Worth, TX 76102

Representative Matters

Commercial Litigation

Served as lead associate in fraud and negligent misrepresentation matter in Florida state court on behalf of plaintiff energy start up against major law firm for firm’s involvement in project financing fraud; led hearing to establish prima facie case for the crime-fraud exception to the attorney-client privilege, with the Court ordering in camera review of almost all documents sought.

Successfully defended Trustee through trial in Texas probate court in case involving breach of fiduciary duty and fraud claims, including directing fact witness at trial; upon return of a no-liability verdict, led attorney’s fees hearing and successfully recovered all attorney’s fees sought.

Represented major commodities trading firm in Texas state court in breach of NAESB case, assisting with litigation strategy and taking multiple depositions, including third-party corporate representative deposition.

Represented military subcontractor through pre-trial in breach of contract case in Virginia federal court, successfully defending against summary judgment and ultimately obtaining favorable settlement for client.

Defended small business against trade secret misappropriation and Computer Fraud and Abuse Act claims in Texas federal court.

Assisted Texas finance firm with negotiating a settlement with a technology start-up firm stemming from a technology service agreement.

Advised Canadian energy firm regarding its participation as a non-party in domestic litigation in Wyoming federal court arising from transportation agreement.

Advised US manufacturing company on likelihood of success for recovering on a breach of contract claim against foreign State-owned entity in Texas state court.

Arbitration (Domestic and International)

Represented energy company in non-administered CPR arbitration in breach of services agreement dispute through agreed stay of arbitration; successfully defended against motion to dismiss and led fact discovery.

Represented contractor in AAA Construction arbitration in dispute against owner with amount in controversy over $40 million; drafted pleadings, assisted with panel selection and Stern schedule briefing, and drafted and filed lien in anticipation of potential foreclosure.

Served as lead associate on ICDR arbitration under Colombian law arising from a purchase and sale agreement for sale of rights to oil producing properties in Colombia, drafting pleadings and motions and directing fact witnesses in Spanish at interim measures hearing.

Represented State-owned Asian firm through final hearing in AAA arbitration arising from a long-term contract for crude oil storage at an offshore tank farm, assisting with expert witness reports and post-hearing briefing.

Defended international energy producer in AAA arbitration with the owner of an offshore pipeline system who asserted claims exceeding $170 million, which arbitration resulted in a take-nothing award for the Claimant.

Advised US technology company regarding international arbitration procedures as defined in client’s licensing agreement with Asian counterparty.

Drafted international arbitration clause for US midstream firm’s crude oil sale agreements with international parties.

Drafted international arbitration clause for US midstream firm’s crude oil sale agreements with international parties.

Other Highlights

Drafted weapons and firearms policy for major retailer with presence in over 40 US states upon conducting survey of laws regarding weapons and firearms in applicable jurisdictions.

Credentials

Admissions

  • Texas, 2021
  • U.S. District Court, Northern District of Texas and Southern District of Texas

Education

  • Harvard Law School
    • J.D., 2020
    • cum laude
  • University of Texas at Austin
    • B.S.A., Chemistry, 2016
    • highest honors
  • B.A., Spanish, 2016
    • highest honors

Memberships

  • Harvard University Club of Dallas
  • Texas Bar Association