Elizabeth K. McCloskey
Associate

emccloskey@keker.com
Tel. (415) 676-2269

Education

UC Berkeley School of Law, J.D., 2009

Georgetown University, B.A., cum laude, 2003

Clerkships

Hon. John T. Noonan Jr.
U.S. Court of Appeals for the Ninth Circuit, 2011-2012

Hon. Valerie Baker Fairbank
U.S. District Court for the Central District of California, 2010-2011 

Bar Admissions

California 

Elizabeth K. McCloskey

Elizabeth McCloskey represents clients in a broad range of complex commercial litigation matters. She graduated from the UC Berkeley School of Law (Boalt Hall) in 2009, where she was an articles editor for the California Law Review. In 2003, she graduated cum laude from Georgetown University with a B.A. in Government and English.

Cases of Note

United States ex rel. Landis v. Tailwind Sports, et al.: We represent Tour de France winner Lance Armstrong in a False Claims Act case brought by a former teammate and joined in by the United States. Our prior representation of Armstrong resulted in the closing of a federal criminal investigation without charges being filed.

Cisco Systems, Inc. v. Arista Networks, Inc.: We defended Arista Networks in this groundbreaking case which raised the important question of whether and to what extent functional computer commands merit copyright protection. Cisco accused Arista, run by a former Cisco vice president, of copyright infringement for the use of more than 500 commands used to configure network switches. Cisco also accused Arista of infringing two patents, one of which it dismissed before trial. After a two-week trial, the jury returned a verdict in our client’s favor on both the copyright and patent claims.

United States ex rel. Robert C. Baker v. Community Health Systems, Inc., et al.: We served as lead counsel for Relator Robert Baker in a qui tam False Claims Act case against Community Health Systems. This case alleged the defendants manipulated the Medicaid funding program by a scheme which resulted in the illegal receipt of federally funded Medicaid payments. Our client sought the maximum amount allowed to a qui tam plaintiff and the United States sought to recover damages and civil penalties from the defendants, arising from false and/or fraudulent statements, records, and claims of FCA violations. Community Health Systems eventually agreed to end the litigation with a settlement of $75 million.

Honors and Awards

UC Berkeley School of Law

  • Order of the Coif
  • Prosser Prize, Intellectual Property in the Entertainment Industry
  • Articles Editor, California Law Review
  • Executive Articles Editor and Symposium Editor, Berkeley Journal of Criminal Law
  • Member, Berkeley Technology Law Journal

Georgetown University

  • The Edward B. Bunn Award for Journalistic Excellence 
  • News Editor and Senior Writer, The Georgetown Voice
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