Elisabeth Gray
USA Guide 2023
Band 3 : Litigation: General Commercial
Email address
[email protected]Contact number
(502) 625-2848Share profile
Band 3
About
Provided by Elisabeth Gray
Practice Areas
Litigation
Career
Elisabeth (“Libby”) Gray assists clients in prosecuting and defending unfair competition lawsuits, including misappropriation of trade secrets and breaches of restrictive covenant agreements, such as non-competes and non-solicitation agreements. Because of her significant experience, she has been qualified as an expert witness in Federal Court relating to the appropriate standard of care to prosecute a misappropriation of trade secrets case. In addition to her work protecting her clients against unfair competition, Libby has an active commercial litigation practice where she regularly handles disputes involving Intellectual Property, complex contractual issues, employment matters, and other business litigation. Libby is often retained to handle “bet-the-company” litigation and works closely with her clients to help ease the disruption of litigation through proactive communication, and creative and responsive guidance. She has tried cases in state and federal courts through judgment (both jury and bench), as well as handling injunction and other evidentiary hearings. Libby also has experience in arbitration tribunals including FINRA and the AAA. Her practice includes appellate work at all levels.
She has particular proficiency with eDiscovery and related technology, and uses eDiscovery to her clients’ benefit. Libby has successfully obtained numerous court orders requiring the forensic examination of computers, smart phones, and other electronic devices. Libby was recently Adjunct Faculty and taught an e-Discovery class in the College of Legal Studies at Sullivan University.
She also recently served as the Chair of the Louisville Bar Association Litigation Section. Because of her vast experience with business litigation, Libby was selected by the Kentucky Supreme Court to serve on the Business Court Pilot Project which established a pilot business courts in Jefferson County, Kentucky and continues to serve in this capacity.
Professional Memberships
Louisville Bar Association Judicial Integrity and Independence Committee, 2022-Present
Member, Trial Law Institute, Litigation Counsel of America™, 2022-present
Member, Diversity Law Institute, Litigation Counsel of America™, 2022-present
Barrister, Order of Veritas, Litigation Counsel of America™, 2022-present
Chair, Louisville Bar Association Litigation Section, 2021
Bulldogs in the Bluegrass, Community Mentor, March 2016 to 2019
Greater Louisville Outstanding Women (GLOW), 2014-2020
LEAD GLI Program, 2013 Charter Member
Leadership Louisville, Ignite Louisville, 2005
Louisville Bar Association Leadership Academy
Former Mayor of Crossgate, Kentucky
Publications
How the Newly Enacted “Defend Trade Secrets Act” Has Changed the Landscape of Trade Secret Law, Kentucky Bar Association Bench & Bar, March/April 2018
Compelling and Staying Arbitration in Kentucky, Thomson Reuters, Practical Law, September 2017
Check your non-compete agreements in light of Kentucky Supreme Court decision, Louisville Business First, Guest Comment, June 2014
Employers should use restrictive agreements to their benefit, Louisville Business First, June 10, 2011
Ways to Protect Your Company from Unfair Competition, HR Kentucky Newsletter, August 2011
Work Highlights
Trade Secret, Unfair Competition, IP Litigation
Qualified by and testified before the United States District Court for the District of Connecticut as an expert witness on the standard of care to litigate a trade secret misappropriation claim in Kentucky courts.
Successfully tried trade secret misappropriation case before a jury in Kentucky Federal Court. Succeeded on post-trial motion to amend the breach of contract damages from $202,865 to $1.
Successfully argued at the Sixth Circuit Court of Appeals to affirm $3.2 Million Dollar Judgment found non-dischargeable by the United States Bankruptcy Court based on claims of trade secret misappropriation and tortious interference. https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0132p-06.pdf (Published).
Employment Litigation
Successfully prosecuted cases and obtained Temporary Restraining Orders to enforce non-competition and non-solicitation agreements, against misappropriation of trade secrets, tortious interference with business relationships and unfair competition. Obtained preliminary and permanent injunctions after evidentiary hearings. Resulted in successful settlements with monetary components and permanent injunctive relief.
Successfully defended employment discrimination, defamation, and retaliation claims.
Cyber Litigation And E-Discovery Experience
Taught e-Discovery in the College of Legal Studies at Sullivan University.
Assisted, advised, coordinated and implemented litigation holds for clients.
Assisted numerous clients in preserving and forensically examining work computers of current or former employees to support a claim.
Successfully obtained court orders requiring opponent to comply with the forensic examination of home computers and PDAs, resulting in the discovery of key evidence.
Successfully obtained court order requiring opponent to cease using back-up tape recycling and other losses of electronic evidence during litigation.
Successfully quashed subpoena of non-party to a lawsuit requesting time-consuming and expensive electronic discovery on grounds of burdens and cost.
Successfully used subpoena process of Internet Service Protocols to determine identity of anonymous cyber-smearers and prosecuted them.
Successfully obtained injunction requiring former employee who obtained domain name for employer to transfer domain name back to employer.
Developed e-discovery protocols, retained forensic experts and coordinated production of electronic documents and data for several litigation matters.
Coordinated and developed protocol for identification, imaging and extraction of documents prior to sale of subsidiary. Imaged more than a million documents and extracted thousands of boxes of confidential and proprietary documents.