Eric M. Kraus

Partner New York City

Whether engaging in early dispute resolution efforts or taking a case to trial, Eric’s focus is always client-oriented while providing savvy and effective counsel on complex litigation matters across a range of practice areas.

Co-chair of Phillips Lytle’s Life Sciences & Health Effects Team, Eric has defended cases centered on cutting-edge scientific and medical issues, with an emphasis on developing and presenting expert witness testimony and opposing expert witnesses proffered by adverse parties. He has represented some of the largest international pharmaceutical companies in various life science matters across the U.S., including GlaxoSmithKline, AbbVie, Sanofi and Bristol Myers-Squibb. He has also represented an innovative clinical research company in a dispute with its sponsor, as well as individuals in various kinds of disputes such as a trustee of a large nonprofit foundation in a dispute with other trustees.

Among other topics, Eric has published articles and spoken on topics dealing with scientific issues, expert testimony and innovative legal issues. He is also an experienced trial lawyer who has tried more than 40 cases to verdict in state and federal courts, and has argued appeals in all levels of appellate courts in New York State, including in the New York State Court of Appeals and U.S. Court of Appeals for the Second Circuit.


Honors & Awards

  • Selected for the New York Metro Super Lawyers® list, 2006-2007, 2010, 2013-2022
  • Listed in The Best Lawyers in America®
    • Named the Best Lawyers® Mass Tort Litigation / Class Actions – Defendants “Lawyer of the Year” in New York City, 2016

Education & Admissions

  • Boston University School of Law, J.D., 1979
  • Hamilton College, B.A., cum laude, 1976
Admitted to Practice
  • New York
  • Massachusetts
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Supreme Court


Representative Matters
  • Defended a multinational pharmaceutical company in multidistrict litigation involving claims of increased incidence of heart attack and stroke associated with a diabetes medication.
  • Defended a multinational pharmaceutical company in federal and state litigation involving an antidepressant medication and claims of birth defects when used by pregnant women.
  • Defended a major metropolitan zoo in the New York Court of Appeals against claims that an elephant in its care was entitled to habeas corpus rights.
  • Represented a global chemical company accused of knowingly producing a chemical that contaminated drinking water in various communities.
  • Represented a trustee in a dispute with other trustees of a major Western New York foundation over the future of that foundation.
  • Defended a multinational pharmaceutical company in federal litigation pertaining to birth defects alleged to have been caused by historical clinical evaluation of thalidomide over a half-century prior.
  • Advised a multinational pharmaceutical company regarding scientific defenses available to refute claims that the company’s H2-receptor blocker was carcinogenic.
  • Defended a multinational pharmaceutical company in multidistrict litigation against allegations that an anti-nausea medication induced birth defects when used during pregnancy.
  • Defended a major pharmaceutical manufacturer in multidistrict litigation relating to allegations of increased risk of heart attack from a prescription testosterone replacement medication.
  • Successfully tried cases on behalf of a multinational pharmaceutical company defending its breast implant products.
  • Defended two different large pharmaceutical companies against claims that their cough-cold remedies caused hemorrhagic strokes.
  • Defended a large contractor in a dispute over the construction of a nuclear power plant.
  • Defended a contractor in a dispute with the City of New York regarding the construction of a structure integral to the delivery of clean water to New York City residents.
  • Represented both doctors and hospitals in medical malpractice cases, including cases that went to trial and resulted in defense verdicts.

Speaking Engagements

View All

Additional Speaking Engagements

  • Presenter, “Enhancing Your FDA Regulatory Compliance Process,” “Harnessing Our Energy to Advance the Bio/Med Industry,” MedTech 2021, November 2021

Activities & Professional Associations

Present Activities

  • Queens Chamber of Commerce, Member
  • Ukulele Kids Club Inc., Advisory Board, Member
    • Board of Directors, Former Chair

Professional Associations

  • American Bar Association
    • Litigation Section
    • Senior Lawyers Division
    • Tort Trial & Insurance Practice Section (TIPS)
  • Brooklyn Bar Association
  • Defense Research Institute
  • Litigation Counsel of America, LLC
  • New York City Bar Association
    • Science & Law Committee, Past Chairman
  • New York State Bar Association
    • Food, Drug & Cosmetic Law Section
    • Trial Lawyers Section

Articles & Publications


  • Co-Author, “Next-Gen Medical Devices: Evolving with AI to Ensure Safety and Efficacy,” Buffalo Business First, April 2024
  • Co-Author, “2nd Circ. Baby Food Ruling Disregards FDA’s Expertise,” Law360, March 2024
  • Co-Author, “Major Milestone for Psychedelic-Assisted Therapy: Lykos Therapeutics Submits New Drug Application to the FDA for MDMA-Assisted Therapy for PTSD,” New York Law Journal, January 2024
  • Co-Author, “Amended Federal Rule 702 and Expert Admissibility: A Rule That Hit the Ground Running,” The National Law Review, December 2023
  • Co-Author, “Alive and Well: Daubert Challenges Based on an Expert’s Lack of Qualifications,” The National Law Review, October 2023
  • Co-Author, “FDA Draft Guidance on Clinical Trials for Psychedelics: A Closer Look,”, July 2023
  • Co-Author, “Manufacturers Should Work Diligently to Transition Medical Devices,” Today’s Medical Developments, January 2023
  • Co-Author, “APA Issues Position Statement on Psychedelics Use,”, September 2022
  • Co-author, “Conditioning Forum Non Conveniens Dismissals: The Limitations of Judicial Discretion,” New York Journal, September 2022
  • Co-Author, “The PREP Act Revisited: Limitations of Immunity and Federal Court Jurisdiction for Nursing Homes,” New York Law Journal, May 2022
  • Co-Author, “Everyday Epidemiology: How the Pandemic Brought Science to the Forefront of Public Consciousness,” Buffalo Business First, March 2022
  • Co-Author, “Duty To Warn and the Learned Intermediary Doctrine in New York: Does the Duty Require Instructions About How To Mitigate Risk?,” New York Law Journal, January 2022
  • Co-Author, “How Medical Device Cos. Can Limit Enforcement, Legal Risks,” Law360, December 2021
  • Co-Author, “Regulatory Risk Assessment vs. Tort Law Causation: A Distinction with a Difference,” Daily Dive, BioPharma Dive Newsletter, July 2021
  • Co-Author, “Baby Food Contamination Cases Face Class Action Hurdles,” Law360, June 2021
  • Co-Author, “PREP Act Immunity and Its Application in Shareholder Derivative Litigation: A Modest Proposal,” National Law Review, May 2021
  • Co-Author, “Freedom to Innovate: Lessons From the COVID-19 Pandemic,” Buffalo Business First, March 2021
  • Co-Author, “COVID-19 Vaccines Unlikely to Create Litigation Opportunities,” Law360, December 2020