Erika M. Rasch

Erika is a seasoned litigator and trial attorney who partners with businesses to meet their litigation objectives. She has extensive experience litigating employment disputes, including wrongful termination, whistleblower retaliation, sexual harassment, and trade secret misappropriation. Her clients trust her to strategically guide sensitive matters to favorable resolution, whether through motion practice, informal resolution, or trial. Erika also handles general commercial litigation for clients, with extensive experience litigating through trial, breach of contract, unfair competition, breach of fiduciary duty, and other matters. 

Recent notable cases include: 

• Obtaining complete summary judgment in favor of defendant, a national company in the healthcare industry, in an employment action bringing diverse claims including whistleblower retaliation, wage violations, wrongful termination, and violation of California’s Unfair Competition Law. 

• Successfully invalidating illegal portions of employment contract under Business & Professions Code section 16600 and obtaining a preliminary injunction, resulting in a favorable settlement for entrepreneur client defending against national company’s claim of ownership over client’s invention. 

• Obtaining a full defense decision, in addition to relief on counterclaims, in a several-week arbitration hearing representing a commercial real estate investment fund defending claims brough by a former fund manager. 

• Obtaining a favorable settlement for defendant in employment action against national site services provider alleging sexual harassment and assault. 

Before joining Payne & Fears, Erika was Chief Legal Officer at an Orange County-based startup, where she managed all manner of business disputes, ranging from employment matters, business formation disputes, breach of contract, indemnification disputes, and regulatory compliance matters. Having spent time both as a trial litigator and in-house counsel, Erika brings a broad understanding and perspective to her practice, recognizing that effective advocacy requires a thorough understanding of her clients’ business as well as their unique objectives.

Prior to going in-house, Erika was a business litigator at O’Melveny & Myers, where she focused her practice on complex trial work. Prior to that, Erika served as a judicial clerk for Hon. Alvin W. Thompson, Chief Judge of the United States District Court, District of Connecticut. Erika earned her Juris Doctor from Yale Law School.