Elizabeth K. McCloskey

We are defending Commercial Real Estate Exchange, Inc. (CREXi), a fast-growing commercial real estate marketplace, against a copyright and unfair competition lawsuit brought by industry giant CoStar. CREXi has asserted counterclaims against CoStar alleging antitrust violations, unfair competition, trademark infringement, and false advertising.

We represent Par Pharmaceutical in an antitrust case alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the narcolepsy medication Xyrem® (sodium oxybate).

We defended the former CEO of Bumble Bee Foods in a five-week jury trial in the Northern District of California against charges that he conspired to fix prices of canned tuna sold in the United States.

We represented Nextiva, Inc., as defendant and counterclaimaint in a trade libel, defamation, and false advertising suit. We succeeded in significantly narrowing the case against Nextiva on summary judgment and then favorably resolved the remainder of the litigation on the eve of trial.

We represent Genentech in a federal trade secret theft lawsuit alleging that former Genentech scientists, several of whom have also been charged criminally by the Department of Justice, stole confidential and proprietary information to help a foreign company develop biosimilar versions of Genentech medicines.

We represented Tour de France winner Lance Armstrong in settling a False Claims Act case brought by a former teammate and joined in by the United States. The Postal Service and Floyd Landis had sought $100 million in damages from Armstrong, but in light of several significant court rulings rejecting and limiting the plaintiffs’ damages theories, the case settled for $5 million. Our prior representation of Armstrong resulted in the closing of a federal criminal investigation without charges being filed.

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.

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.

Our client hired us two months after his four-week trial resulted in a conviction for bid-rigging conspiracy and obstruction of justice. We were hired for post-trial motions and sentencing. Within two weeks, the judge granted our motion for a judgment of acquittal on the obstruction count pursuant to Fed. R. Crim. P. 29.