Erin Formby approaches dispute resolution with an analytical mindset shaped by her background in chemistry. She is comfortable navigating complex matters and brings a steady focus to understanding how facts, data, and legal strategy intersect.
Erin has ample experience with litigation in state and federal courts, international commercial arbitration, and domestic commercial arbitration. She has represented both corporate and individual clients across a range of industries, including finance, energy, real estate, infrastructure, 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 business litigation career, Erin served as a student attorney during law school in Harvard’s Immigration and Refugee Clinic, the Domestic Violence and Family Law Clinic, and the International Human Rights Clinic. She also 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. She credits this experience as one of the most formative and meaningful periods of her legal career.
Having lived and worked in Latin America, Erin is professionally fluent in Spanish and has applied these skills in litigation, including representing a witness who testified in Spanish during an ICDR arbitration, where she defended the testimony and addressed translation issues on the record.
Representative Experience
Litigation and Commercial Disputes
- 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.
- Defended international energy producer in AAA arbitration with the owner of an offshore pipeline system who asserted claims exceeding US$170 million, which arbitration resulted in a take-nothing award for the Claimant.
- 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.
International Arbitration
- Represented subsidiary of US energy firm in ICDR arbitration under Colombian law arising from a purchase and sale agreement for sale of rights to oil producing properties in Colombia.
- 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.
International Litigation
- Assisted with defending an Australian energy firm in the Supreme Court of Queensland from claims arising under a Joint Operating Agreement governed by Texas law.
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.