Lauren Elliot is a litigation partner in the New York office of Gibson, Dunn & Crutcher and a member of Gibson Dunn’s Product Liability, Class Actions, Intellectual Property and Life Sciences Practice Groups.
Ms. Elliot has litigated a wide range of complex, multi-party and multi-jurisdictional product liability, patent infringement and commercial cases in trial and appellate courts around the country. Throughout her career, she has advised and defended pharmaceutical and biotech companies in cases involving a broad spectrum of products such as antibiotics, anti-inflammatories, asbestos, benzene, contraceptives, lead pigment, medical devices, NSAIDs, pesticides, transgenic crops and vaccines.
Prior to joining Gibson Dunn, Ms. Elliot was a partner in the New York office of Orrick, Herrington & Sutcliffe LLP.
Ms. Elliot graduated from Brown University in 1989 with honors (International Relations) and received her Juris Doctor from the University of Chicago Law School in 1993. She is a member of the Committee on Drugs and Medical Devices for the Defense Research Institute, and served two terms as a member of the Product Liability Committee for the Association of the Bar of the City of New York.
Ms. Elliot is admitted to practice in New York.
Mass Torts and Product Liability Litigation
- Wyeth: Ms. Elliot managed the team of litigators who served as national trial and appellate counsel to Wyeth (now Pfizer) in its defense of close to 400 product liability litigations concerning neurological injuries (such as autism spectrum disorders) allegedly associated with the use of the preservative thimerosal in childhood vaccines. She argued in courts around the country for Wyeth and presented and cross-examined expert witnesses in a two-week Frye hearing in which Wyeth successfully attacked plaintiffs’ causation theories and the qualifications of plaintiffs’ proffered expert witnesses. Outside the courtroom, Ms. Elliot was responsible for responding to relentless and well-coordinated attacks by advocacy groups through the Internet and in the media.
Wage-And-Hour Class Action Litigation
- PricewaterhouseCoopers LLP: Ms. Elliot represents PricewaterhouseCoopers LLP in three separate wage-and-hour class action lawsuits pending in California and New York: Campbell v. PricewaterhouseCoopers LLP, No. 2:06-cv-02376-LKK-AC (E.D. Ca. 2006) (class of close to 2000 unlicensed accountants in PwC’s Assurance line of service in California asserting misclassification claim under California labor law); Kress v. PricewaterhouseCoopers LLP, No. 2:08-cv-00965-LKK-AC (E.D. Cal. 2008) (putative and certified classes of employees in PwC’s Assurance, Advisory and Tax lines of service asserting misclassification claim under California labor law and the Fair Labor Standards Act “FLSA); Commisso v. PricewaterhouseCoopers LLP, Index No. 650273/2013 (N.Y. Sup. Ct. 2013) (putative class of unlicensed accountants in PwC’s Assurance line of service in New York asserting misclassification claim under New York labor law.). Ms. Elliot directs the discovery and pre-trial efforts in all three cases. Most recently, the court in Kress granted PwC leave to conduct opt-in depositions, twice rejecting plaintiffs’ argument that PwC should be ordered to use a sampling methodology to select the deponents. The court refused to limit PwC to any particular methodology in its selection of deponents.
Intellectual Property, Licensing and Joint Venture Disputes
- Ms. Elliot has litigated and tried patent infringement and inventorship disputes in pharmaceutical, biotech and medical device cases.
- She has substantial experience representing pharmaceutical companies in connection with disputes arising out of co-development, manufacturing and marketing agreements.
- She was lead trial counsel in a three-week bankruptcy court trial that successfully secured for her client its prior recovery (from a NY Surrogate’s Court proceeding litigated by Ms. Elliot) of a multi-million dollar advance made in connection with a prospective joint venture. No appeal was taken from the judgment of the Bankruptcy Court, which found in favor of Ms. Elliot’s client on all issues.
- She has represented clothing distributors in licensing disputes in state court and arbitration and has successfully defeated attempts to restrain the conduct of her client’s business in the United States.
Publications, Speech Engagements & Programs
* Representations occurred prior to attorney’s association with Gibson Dunn
- Lead author, “Food Litigation: The New Frontier,” New York Law Journal (GC Edition, July 8, 2010)
- Lead author, “No Small Matter: Indemnifying Prescribing Physicians and the Issues that Must be Considered,” DRI Drug and Medical Device Seminar (May 2005)
- Guest Lecturer, Ethics: Discovery and Litigation, University of Chicago Law School (2008-2010)
- Speaker, “No Small Matter: Indemnifying Prescribing Physicians and the Issues that Must be Considered,” DRI Drug and Medical Device Seminar (May 2005)