Lauren J. Elliot is a litigation partner in the New York office of Gibson, Dunn & Crutcher and a member of Gibson Dunn’s Class Actions, Commercial Litigation, Labor & Employment and Life Sciences Practice Groups.
Ms. Elliot specializes in litigating complex, multi-party and multi-jurisdictional, high-profile commercial, employment and product liability matters in trial and appellate courts around the country for companies in the pharmaceutical, professional services and technology industries. She has represented clients in matters involving antibiotics, consumer products, contraceptives, lead pigments, multi-vitamins, NSAIDs, pesticides, software systems, talc products, transgenic plants and vaccines. Ms. Elliot has experience in all aspects of litigation (individual and class actions), responding to government investigations, conducting internal investigations and counseling on litigation avoidance, compliance issues and crisis management.
Legal Media Group has named Ms. Elliot to its Expert Guides Guide to the World’s Leading Women in Business Law for Product Liability five times. 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 graduated from Brown University in 1989 with honors (International Relations) and received her Juris Doctor from the University of Chicago Law School in 1993.
The following is a representative sample of Lauren’s cases.
Pharmaceutical/Biotech Litigation
- Leader of product liability team in multi-year investigation for Board of Directors of pharmaceutical company, undertaken in response to shareholder demand after thousands of lawsuits were filed alleging that company’s products caused cancer. The investigation, culminating in a 350-page report, involved evaluating the company’s internal controls and reporting processes relating to product safety, analyzing scores of epidemiological and other scientific studies and six decades of internal documents, and conducting dozens of fact and expert witness interviews.
- Served as national trial and appellate counsel to pharmaceutical company in its successful defense of close to 400 product liability cases alleging that childhood vaccines caused autism. Managed large litigation team (including local counsel in dozens of states), developed and implemented nationwide discovery strategy, argued motions in courts around the country, and examined fact and expert witnesses. Outside the courtroom, presented legal and scientific arguments to State AGs who were considering (but ultimately did not pursue) cost recovery actions and responded to the well-coordinated attacks by advocacy groups through the Internet and in the media.*
- Represented pharmaceutical company in its defense of all New York cases arising out of alleged injuries from overuse of NSAIDs.*
- Represented pharmaceutical company in its defense of all New York cases involving alleged injuries from use of a contraceptive implant.*
- Represented pharmaceutical company in cases involving alleged injuries from use of tetracycline antibiotics.*
- Represented European pharmaceutical company in dispute with its CMO over manufacturing facility’s FDA compliance which threatened ability to produce and supply the active pharmaceutical ingredient of pharmaceutical company’s orphan drug.
- Represented pharmaceutical company in case alleging incorrect inventorship, copyright infringement, and common law torts, requiring two bench trials.*
- Represented pharmaceutical company in action against insurance company for reimbursement of defense costs incurred in mass tort litigation.*
- Represented biotechnology company in multiple cases involving patents for making genes that code for insect resistance and inserting genes into crops.*
- Advise clients on potential product liability risks including in connection with due diligence for planned corporate acquisitions of product manufacturers.
Commercial Litigation
- Represented a professional services firm against highly publicized fraud and breach of contract claims brought by the City of Los Angeles seeking hundreds of millions of dollars in connection with client’s implementation of a customer billing information system. Discovery by our team exposed criminal conduct. The City then voluntarily dismissed its case with prejudice, and the trial court awarded client $2.5 million in sanctions for discovery misconduct. City officials later pleaded guilty to felony offenses.
- Represented a professional services firm in $1.8 billion fraud and negligent misrepresentation case brought by a non-client of the firm on behalf of investors who allegedly relied on the firm’s audit report for a firm client to purchase debt in leveraged loan transaction involving that client.
- Represented information technology services company in a software implementation action in the Eastern District of New York, involving allegations of breach of contract, fraudulent inducement to enter into a contract, negligent misrepresentation, breach of warranty and violations of New York General Business Law, Section 349.
- Represented digital advertising company in putative class action alleging data privacy violations of the U.K General Data Protection Regulation.
- Represented high net worth individual against allegations of fraudulent conveyance and preference payment claims. Served as lead trial counsel in three-week Bankruptcy Court trial and secured dismissal of all claims.*
Employment Litigation/Counseling
- Represents major technology company against individual and class claims alleging discrimination and retaliation.
- Represents major technology company in responding to state and federal government agency investigations of leave and accommodations policies and practices.
- Represented professional services firm in California and New York wage-and-hour class action lawsuits alleging violations of state labor laws and the Fair Labor Standards Act.
- Advise clients on employment-related matters, including developing and implementing policies and trainings to comply with city, state and federal regulations.
Publications, Speech Engagements & Programs
- Presenter, “COVID-19 Vaccines: Employer Strategies and Consideration,” Gibson Dunn webcast (February 10, 2021)
- Co-author, “An Employer Playbook for the COVID “Vaccine Wars”: Strategies and Considerations for Workplace Vaccination Policies,” PLA Article (February 4, 2021)
- Co-author, “New York State Businesses Must Adhere to Strict Compliance Requirements as they Reopen,” GDC Client Alert (June 18, 2020)
- Co-author, “Employer Liability and Defenses from Suit for COVID-19 Related Exposures in the Workplace,” GDC Client Alert (May 4, 2020)
- 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)
*Representations occurred prior to attorney’s association with Gibson Dunn.