Eric Fogel is a strong force in the world of corporate law and a nationally recognized M&A specialist. With three decades of experience, Eric has served as lead counsel on some of the country’s largest and most complex transactions. When clients are looking for a strategy on how to get the deal done, Eric Fogel is the attorney they call.
Eric is a partner in the firm’s Chicago office and chair of the Corporate & Securities Service Group. He handles global compliance, policies and procedures, complex contracts, joint venture agreements, mergers and acquisitions, insolvencies and restructurings, agriculture and cooperative law, private equity, chemical industry law, internal and external investigations, business ethics, global ethics and compliance training, FCPA, anti-bribery compliance, ITAR, EAR and OFAC counseling, product certifications and labeling, customs clearance, export control programs, antitrust counseling, regulatory response, FDA counseling, supply chain, data privacy and information security, data breaches, and REACH compliance. He has significant experience in federal and state securities laws, international business and law, advising Special Committees of boards of directors, Investment Advisor Act compliance, SEC interaction, mergers and acquisitions, financing, and assignments for the benefit of creditors. He closely advises chief executive officers, board members, and general counsel throughout the nation and has handled capital transactions involving hundreds of millions of dollars. He often works with his clients in an “outside general counsel” capacity and counsels hedge funds, venture capitalists, and private equity firms in various transactions. Eric routinely advises clients on antitrust issues and compliance issues with respect to contracts, pricing, vendors, customers, distributors, franchises and joint venture partners, both domestically and around the world.
Eric advises clients on cryptocurrency and blockchain issues including compliance, tax issues, manufacture of cryptocurrency product, SEC enforcement, Tokenization / ICO Solutions, Initial Liquidity Offerings (ILOs), “Bitlicensing” / crypto currency exchange license, digital asset custody, crypto mining guidance, digital asset trading platforms (exchanges), advisory opinions on legal status of specific tokens, anti-money laundering (AML) and Know-Your-Customer (KYC) Best Practices, Howey Test and securities regulation. Eric serves as the co-chair of the Cryptocurrency, Blockchain and FinTech Group.
On behalf of his clients, Eric also manages complex corporate litigation and arbitration involving such matters as shareholder disputes, breach of contract, breach of fiduciary duties, securities laws, FINRA compliance, private equity, investment management and battles for corporate control, including proxy and tender offer litigation. His litigation and arbitration matters have been in federal and state jurisdictions across the nation.
With more than 30 years in the legal practice, Eric’s depth of experience and knowledge of the Chicago business market are unmatched. His practice includes: corporate and board governance for public companies and private (for-profit and not-for-profit); board and corporate investigations; fund formation, investment adviser compliance and regulation; insurance regulatory compliance; domestic and global merger and acquisition activity; representation before the Securities and Exchange Commission; tender offers and proxy fights on behalf of insurgents and incumbents; securities arbitrations and hearings; and securities law compliance including the 1933, 1934 and 1940 acts.
Prior to his legal career, Eric worked as a stockbroker, which provided him a unique opportunity to understand capital markets, their participants, and their driving forces. He also understands the pressures and realities that board members are faced with firsthand, having served on multiple public and private boards of directors himself.
Membership & Involvement
- SmithAmundsen Executive Committee
- Member: Chicago Bar Association
- Executive Committee Member and Treasurer: Phi Beta Kappa Association of the Chicago Area (2007-2008)
- Selected for inclusion in Chambers USA as a Corporate/M&A Recognised Practitioner: 2015-2018
- Selected for inclusion in Chambers USA Corporate/M&A Band 4: 2011-2013
- Selected by the Leading Lawyers Network as a "Leading Lawyer" in closely and privately held business law, mergers and acquisitions law and securities and venture finance law
Resources & Insights
In the Media
- SmithAmundsen Corporate Alert,
- SmithAmundsen Cryptocurrency, Blockchain and FinTech Alert,
- SmithAmundsen Corporate Alert,
- SmithAmundsen Corporate Alert,
- More Regulation and Opportunities for Companies and Banking: What Businesses Can Expect from the Biden AdministrationSmithAmundsen, Webcast,
- Better Business Bureau, Webcast,
- Bankruptcy and Alternatives for Business Owners: Timely Action to Take Now in Dealing with Your Bank and LandlordSmithAmundsen, Webcast,
- SmithAmundsen Seminar, Chicago, IL; Webinar,
- Association for Corporate Growth; Webinar,
- Illinois Chamber of Commerce, Seminar,
- SmithAmundsen and Dresner Corporate Services, Chicago, Seminar,
- Accessing CapitalIllinois Chamber of Commerce, Webinar,
Education on Demand
Companies need to be ready to stay a step ahead of their competition. You’ll hear how anticipated changes from the Biden administration will affect your bottom line and the way you conduct business.
These are challenging times and many business owners are wondering whether they will have the cash flow to sustain their businesses.
- The Potential Impact of the Climate Risk Disclosure ActThe Potential Impact of the Climate Risk Disclosure Act
On March 21, 2022, in an effort to provide consistent, comparable, and reliable data for investors to enable them to make informed judgments about the impact of climate related risks on current and potential investments the Securities and Exchange Commission proposed for public comment amendments to its rules under the Securities Act of 1933 and Securities Exchange Act of 1934.
- Ripple Effect: SEC Lawsuit Against Cryptocurrency Company May Provide Guidance For Crypto IndustryRipple Effect: SEC Lawsuit Against Cryptocurrency Company May Provide Guidance For Crypto Industry
The article discusses how on December 22, 2020, the SEC filed a high-profile enforcement action against a major cryptocurrency company, which may have a significant impact on the future regulation of not only cryptocurrencies, but also blockchain and financial technology applications.
- El Salvador's Use Of Bitcoin Complicates US Commercial LawEl Salvador's Use Of Bitcoin Complicates US Commercial Law
Joe Carlasare and Eric Fogel’s article explains the law, how the use of the Bitcoin will affect El Salvador specifically regarding business transactions, and the technical issues it will cause.
- The Impact of El Salvador Recognizing Bitcoin as “Legal Tender” on U.S. LawThe Impact of El Salvador Recognizing Bitcoin as “Legal Tender” on U.S. Law
If a porposed bill is enacted, El Salvador will become the first sovereign nation to formally recognize Bitcoin as its national currency, alongside the United States Dollar.
- Bankruptcy & Creditors’ Rights
- Business Litigation
- Commercial Contracts
- Commercial Lending
- Corporate & Securities
- Corporate Governance
- COVID-19 Resource Center & Task Force
- Cryptocurrency, Blockchain and FinTech
- Hospitality, Leisure & Tourism
- Insurance Transactions
- Joint Ventures & Strategic Alliance Agreements
- Manufacturing & Food Processing
- Medical Devices
- Mergers & Acquisitions
- Money Management/Investment Adviser
- Nonprofit Institutions & Tax-Exempt Organizations
- Outside General Counsel
- Securities & Capital Markets
- Securities Enforcement
- Shareholder Activism
- Venture Capital & Private Equity
University of Michigan, J.D., 1986
University of Michigan, M.B.A., 1986
University of Michigan, M.A., 1980
Pomona College, B.A., 1977, summa cum laude