Elizabeth Papez, a former Justice Department official, is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and a member of the Firm’s Antitrust, Appellate, Class Action, and Securities Litigation groups.

Ms. Papez is a seasoned litigator and former U.S. Deputy Assistant Attorney General with substantial experience representing pharmaceutical, financial services, and consumer product clients in class actions, appeals, and other complex disputes in federal and state courts.

In complex litigation Ms. Papez has particular expertise litigating jurisdictional, class, and market structure defenses in antitrust, securities, and complex contract actions. In this capacity she has worked directly with sales, trading and clearing personnel, IP and product development divisions, third party data providers, economists, and regulators on matters involving pricing, hedging, and execution of electronic financial transactions as well as pharmaceutical and manufacturing industry competition and standing-setting practices.

Ms. Papez also has substantial experience litigating significant appeals and government-facing matters including qui tam actions under federal and state False Claims Acts.

As a complement to her litigation work Ms. Papez has handled several regulatory proceedings before the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Food & Drug Administration (FDA).

Ms. Papez has been repeatedly recognized as one of Benchmark USA’s Top 250 Women in Litigation nationwide, which named her a “client favorite” who is “extremely smart and practical and very charismatic,” and is praised by peers as a “fierce, dynamic, bright, powerhouse of a litigator.” Ms. Papez is also recognized in The Legal 500 for her antitrust and appellate work, and is honored in The Best Lawyers in America 2019 and 2020 for her appellate practice.

Representative Matters – Class and Complex Commercial Actions

• FTC v. LendingClub Corp. (NDCA 2019) – counsel for fintech lender on FTC Act claims
• Washington County Hosp., et al. v. Baxter International, et al. (NDIL 2019) – lead counsel for pharmaceutical company in consolidated nationwide antitrust class actions
• In re LIBOR Antitrust Litigation (SDNY 2018) – lead counsel for global financial institution and affiliates in U.S. discovery disputes
• B&R Supermarket et al. v. Visa, Inc. et al. (NDCA/EDNY 2018) – lead counsel for credit card network in nationwide class action alleging antitrust violations in chip card rollout*
• In re Treasury Securities Auction Antitrust Litigation (SDNY 2018) – counsel for global dealer bank in MDL involving alleged antitrust violations in the market for U.S. Treasury securities*
• Tirado et al. v. Bank of America, NA et al. (NDIL 2018) – lead counsel for national bank in class action alleging violations of federal housing regulations*
• In re Interest Rates Swaps Antitrust Litigation (SDNY 2018) – counsel for global financial institution in MDL of nationwide antitrust class actions involving U.S. interest rate swaps*
• Tera Exchange et al. v. Bank of America et al. (SDNY 2017) – counsel for global financial institution in antitrust action alleging collusion in the market for CFTC-regulated CDS trading*
• In re Credit Default Swaps Antitrust Litigation (SDNY 2016) – counsel for global financial institution in multi-billion dollar MDL alleging antitrust violations in the global CDS market*
• Municipal Bond Qui Tam Litigation (2012-2018) – counsel for global financial institution in multiple qui tam actions alleging fraud on issuers by municipal bond underwriting syndicates*
• IVI-IPO v Widawsky, Comptroller (2015-2016) – lead counsel for garage concessionaire in successful defense of taxpayer constitutional challenges to public-private partnership*
• IVI-IPO et al. v Chicago Parking Meters, LLC et al. (2012-2015) – counsel for Morgan Stanley investment consortium in successful defense in trial court through state supreme court of taxpayer constitutional challenge to $1.15 billion public-private partnership*

Representative Matters – Appeals

• Pharmaceutical Manufacturers Research Ass’n, Inc. v. FDA (D.C. Cir. 2019) – lead appellate counsel for pharmaceutical manufacturer in APA appeal concerning new drug application
• US Bank National Association v. Bank of America, NA (2d Cir. 2019) – lead appellate counsel for national bank in jurisdictional appeal involving securitized CMBS portfolio
• Love Terminal Partners LLP et al. v. United States (US 2019) – lead appellate counsel for amicus curiae JetBlue Airlines Corporation in support of petitioners in federal takings action
• In re Containerboard Antitrust Litigation (7th Cir. 2018) – lead appellate counsel in successful defense of summary judgment win in $11 billion MDL of several antitrust class actions*
• Douglas Leone, et ux., as Trustees v. Maui County, Hawaii, et al. (US 2018) – lead appellate counsel for amicus curiae U.S. Chamber of Commerce in state takings action*
• United States v. American Express Co., et al. (2nd Cir. 2017) – lead appellate counsel for credit card network in support of U.S. Department of Justice enforcement action*
• US ex rel. Oliver v. Philip Morris USA (DC Cir. 2016) – lead appellate counsel for national consumer products company in successful defense of multi-billion dollar qui tam action*
• Ross et al. v. Bank of America et al. (2d Cir. 2015) – lead appellate counsel for credit card network in successful appellate defense of five-week trial verdict in nationwide antitrust MDL*
• Samsung Elec. Co., Ltd. v. SD-3C LLC (US, 9th Cir. 2015) – appellate counsel for global electronics manufacturer in appeals of dispositive rulings in nationwide antitrust class actions*

Ms. Papez has been honored for her advisory work with corporate general counsel, and regularly speaks before Congress and professional organizations on legal developments relevant to her practice.  She is a Trustee of the U.S. Supreme Court Historical Society, a member of the U.S. Chamber of Commerce Committee on Administrative Law & Regulation and Edward Coke Appellate Inn of Court, a board member of the New Civil Liberties Alliance, and the recipient of an award from the Innocence Project for her pro bono defense work.

Prior to joining Gibson Dunn, Ms. Papez was a partner at Winston & Strawn LLP, where she served as Co-Chair of the Financial Services Litigation Practice.  She also served as a Deputy Assistant Attorney General for the U.S. Department of Justice in the Office of Legal Counsel, and as a litigation partner at Kirkland and Ellis LLP.

Ms. Papez clerked for U.S. Supreme Court Justice Clarence Thomas and Judge Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit, and received her law degree from Harvard Law School, where she was the Supreme Court Chair and Notes Editor of the Harvard Law Review.

*Engagements prior to joining Gibson, Dunn & Crutcher