Moore, Nicole Ward

Eric J. Mogilnicki is a partner in the Litigation/Controversy Department, a member of the Government and Regulatory Litigation Practice Group and vice chair of the Consumer Financial Protection Bureau Working Group. In 2010 he rejoined the firm—where he was a partner from 1995 to 2006—after four years during which he served as Chief of Staff to the late Senator Edward Kennedy and, following Senator Kennedy’s death, to Senator Paul Kirk, who was appointed to fill the vacant Senate seat.

Practice

Combining his four years’ experience at the center of some of the nation’s most critical public policy debates and his decade as a litigation partner with the firm, Mr. Mogilnicki focuses his practice on congressional investigations, litigation involving public policy or regulatory issues, and counseling clients on legislative and public policy strategy. Most recently, he has advised major financial institutions as they face Congressional, Executive Branch and State Attorney General investigations into mortgage servicing practices, and as they adapt to the Consumer Financial Protection Bureau.

In his earlier practice at the firm, Mr. Mogilnicki handled complex litigation, with an emphasis on putative class actions and the representation of financial institutions, and became a national authority on the drafting and enforcement of arbitration agreements in consumer credit contracts. His practice spanned federal and state courts throughout the United States, including oral arguments in the First, Second and DC Circuit Courts of Appeals, Massachusetts’ Supreme Judicial Court, and the District of Columbia Court of Appeals, sitting en banc. He also handled investigations by government and self-regulatory agencies, including the SEC, OCC and NASD.

Mr. Mogilnicki maintained an active pro bono practice that has included bringing suit, with the District of Columbia, against gun manufacturers and distributors; and representing Senators McCain and Feingold as intervenors in the defense of the constitutionality of the Bipartisan Campaign Reform Act of 2002.

US Government Experience

As Chief of Staff to Senator Kennedy from February 2006 to August 2009, Mogilnicki was closely involved in every aspect of the Senator's public life, including political strategy, legislation and communications. Mogilnicki led the Senator’s political team during Senator Kennedy’s re-election campaign; his leadership as chair of the Senate Committee on Health, Education, Labor and Pensions; and his endorsement of President Barack Obama. Mogilnicki also served as a senior counselor and strategist for Senator Kennedy during the Senator’s work on immigration, education and health care reform.

A native of New Bedford, Massachusetts, Mogilnicki was deeply involved in Senator Kennedy’s work on behalf of Massachusetts’ people and businesses, and in the founding of the Edward M. Kennedy Institute for the United States Senate.

Prior to joining WilmerHale, Mr. Mogilnicki was Assistant Attorney General in the Massachusetts Attorney General’s Office from 1987 to 1991, serving in the Executive Bureau (1987–1991), and as Chief Elections Counsel (1989–1991). During that time, he engaged in trial and appellate practice in federal and Massachusetts courts. Prior to law school, he served as a legislative assistant to US Representative Gerry Studds.

Publications

SEC Provides an Enforcement Roadmap for the CFPB: An article by Eric J. Mogilnicki and William R. McLucas, published in The American Lawyer, July 20, 2011.

Due Process, Transparency and the Consumer Financial Protection Bureau: An article by Eric J. Mogilnicki and Timothy J. Perla, published in Securities Regulation & Law Report, 43 SRLR 1532.

Speaking Engagements

Ready or Not, Here Comes the CFPB, Webinar, July 14, 2011

National Venture Capital Association Dinner, California Cleantech Dinner, Menlo Park, CA, February 2, 2011

American Bar Association, Committee on Consumer Financial Services, Federal and State Trade Practices Subcommittee, Spring Meeting, Boston, MA, April 14, 2011