Kelly, Elizabeth H.

Elizabeth H. Kelly


Senior Counsel

 

Overview

Liz Kelly is Senior Counsel in the Litigation Department of Locke Lord. Liz represents businesses, educational institutions, and individuals in a wide variety of complex civil litigation and internal investigations. Liz has experience handling commercial disputes involving antitrust laws, misappropriation of trade secrets, breach of contract, negligence, fraud, unfair trade practices, and anti-SLAPP.

Before joining the Firm, Liz served as a law clerk to the Honorable Francis X. Flaherty, Associate Justice of the Rhode Island Supreme Court. While in law school, Liz represented juvenile defendants as a student attorney at the Suffolk University Law School Juvenile Justice Center and won the Suffolk Jurisprudence Award in Criminal Law. She also served as Associate Production Editor of the Suffolk University Law Review and interned for a Magistrate Judge in the United States District Court for the District of Massachusetts. Prior to attending law school, Liz spent five years working as a paralegal at a business litigation law firm in Boston.

Representative Experience

Educational Institutions

  • Currently representing several colleges in lawsuits alleging Title IX discrimination and breach of contract concerning sexual misconduct proceedings.
  • Defended university in litigation before the First Circuit affirming summary judgment in claim alleging wrongful disciplinary action for plagiarism.
  • Assisted university with defending administration in faculty grievances.
  • Assisted universities in review of Title IX procedures.

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 advisor 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.

Professional Affiliations and Recognitions

  • Member, Boston Bar Association
  • Member, Rhode Island Bar Association