Elizabeth H. Kelly

Liz Kelly's practice principally involves the representation of colleges and universities in connection with discrimination, civil rights, breach of contract and other claims, including claims arising from allegations of sexual assault or harassment by school employees or students. In addition to her education practice, Liz also represents businesses and individuals in a wide variety of complex civil litigation and internal investigations.

Before joining the Firm, Liz served as a law clerk to the Honorable Francis X. Flaherty, Associate Justice of the Rhode Island Supreme Court, and interned for a Magistrate Judge in the U.S. District Court for the District of Massachusetts.

Liz's experience includes:

Educational Institutions

• Assisted university with defending administration in faculty grievances concerning salary and tenure
• Currently representing several colleges in lawsuits alleging Title IX discrimination and breach of contract concerning student sexual misconduct proceedings. Representation has included defending universities against motions for preliminary injunctions, seeking and obtaining dismissal of claims and summary judgment, trial, post-trial briefing and appeal
• Defended university in litigation before the First Circuit affirming summary judgment in claim alleging wrongful disciplinary action for plagiarism
• Assisted large group of universities in review of proposed Title IX regulations

Antitrust Litigation

• Obtained dismissal of class action complaint against pharmaceutical companies alleging antitrust violations in connection with settlement of Hatch-Waxman litigation

Financial Litigation

• Represented counterparties in derivatives rate swap disputes
• Obtained summary judgment for corporate client on affirmative contract claim against target company for diligence fees spent in failed merger transaction
• Represented bank in connection with fraudulent transfer of funds implicating issues under Article 4A of the Uniform Commercial Code
• Represented client in lawsuit against financial adviser for breach of contract, fraud and breach of fiduciary duty in connection with failed investment in hedge fund in Massachusetts Superior Court
• Worked with team that obtained reversal of jury verdict on appeal before the Massachusetts Appeals Court in litigation defending allegations of breach of contract and fraud in connection with a failed investment
• Obtained dismissal of claims in suit against a national banking association concerning liability under Regulation CC of the Expedited Funds Availability Act and common law negligence and represented client in appeal before the first Circuit Court of Appeals resulting in affirmed dismissal
• Represented bank in connection with trustee process issues in Massachusetts

IP Litigation

• Defended against summary judgment in trademark cancellation proceeding alleging fraud before the Trademark Trial and Appeal Board
• Represented co-creators of children's book in defense of allegations of copyright infringement and unfair competition under the Lanham Act
• Assisted with representation of defendants accused of misappropriating plasma technology in trade secret litigation through discovery and summary judgment motion practice
• Defended national retailer in litigation with patent troll resulting in change of venue and early dismissal of lawsuit
• Represented handbag designer in copyright infringement litigation, including summary judgment briefing leading to a settlement
• Represented computer software design company in post judgment motions in copyright infringement action
• Assisted with defending large national retailer against a preliminary injunction in trademark infringement lawsuit
• Assisted software company with litigation against online service providers and assisted with securing permanent injunction against infringing software designer for trademark and copyright infringement

Other Matters

• Represented Massachusetts Board of Bar Examiners before the Supreme Judicial Court in appeal of a petitioner's adverse character and fitness determination
• Represented nonprofit women's sports group in litigation concerning departing corporate officers
• Represented telecommunications company during debt refinancing transaction
• Represented several nonprofit organizations in drafting amicus brief filed in the Supreme Judicial Court of Massachusetts concerning constitutional issues implicated by English-language testing for teachers
• Represented pro bono clients in appeals of denial of social security benefits resulting in awards of back-pay
• Served as Special Assistant District Attorney for Middlesex County in Lowell District Court