Elisabeth S. Gray is a litigator whose practice focuses on unfair competition, including disclosure of trade secrets and enforcing non-competition and non-solicitation agreements. She has developed a practice in cyber-litigation (involving use of computers, e-mail or Internet) and other matters relating to e-discovery. Libby has a range of experience defending class actions, prosecuting and defending jurisdictional litigation and general commercial litigation. She has experience overseeing and coordinating large document retrieval, production and extraction projects for major clients. Libby has trial experience in state and federal courts, as well as arbitration tribunals including the NASD (now FINRA). Her practice includes appellate work at all levels.

REPRESENTATIVE LITIGATION EXPERIENCE

Trade Secret, Unfair Competition, Covenant Not to Compete, IP Litigation

Identified and prosecuted employee who improperly downloaded sensitive company information. Negotiated settlement regarding termination and non-compete that ensured return of all information obtained.

Represented large service provider in midst of developing unique technology when it discovered employees who resigned were planning to unfairly compete. Negotiated settlement prohibiting them from actively participating in industry for two years.

Represented auto industry supplier in prosecution of contract employee who “hacked��? into company’s computer network, obtaining financial data.

Represented industrial manufacturer in defending claims of corporate raiding, unfair competition and of misappropriation of electronic information.

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. Resulted in successful settlements and obtaining preliminary and permanent injunctions after evidentiary hearings.

Prosecuted patent and trademark infringement cases.

Cyber Litigation and E-discovery experience
Assisted numerous clients in preserving and forensically examining work computers of current or former employees to support a claim.

Successfully obtained court order requiring opponent to allow forensic examination of home computer, resulted in 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 utilizing Computer Fraud & Abuse Act and Electronics Communications Privacy Act.

Assisted, advised, coordinated and implemented litigation holds for clients.

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.

Class Action Defense Litigation
Represented national bank in class action by consumers challenging procedures and fees. Resulted in settlement approved by federal court.

Represented financial institutions and leasing companies in nationwide class actions involving terms of vehicle lease agreements. Resulted in settlement.

Jurisdictional litigation

Successfully obtained dismissals for lack of personal jurisdiction and defeated motions to dismiss for lack of personal jurisdiction in state and federal court.

COMMUNITY LEADERSHIP AND HONORS
Selected for inclusion in 2010 Kentucky Super Lawyers
Mayor of City of Crossgate, Kentucky
Business First Forty under 40 Outstanding Young Leader Award
GLIDE (Greater Louisville Idea Development Expedition), Emerging Leader, Greater Louisville, Inc.
Temple Trager Preschool Board Member