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Overview

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 also maintained a high familiarity with eDiscovery and related technology in order to provide defensible eDiscovery solutions for clients, as well as using eDiscovery to the client’s advantage in seeking and obtaining eDiscovery from opposing parties. She has successfully obtained numerous court orders requiring the forensic examination of computers, smart phones, and other electronic devices.  Ms. Gray is Adjunct Faculty and teaches an e-Discovery class in the College of Legal Studies at Sullivan University. 

She also serves as the Chair of the litigation practice group at Middleton Reutlinger, and is Chair-Elect of the Louisville Bar Association Litigation Section.  Because of her vast experience with business litigation, Ms. Gray was selected by the Kentucky Supreme Court to serve on the Business Court Pilot Project beginning in 2019.  Ms. Gray has tried several commercial litigation cases through judgment in both jury and bench trials, and has been lead counsel in a number of injunction and other evidentiary hearings.

In addition to her unfair competition practice, Ms. Gray has a range of experience, including IP litigation, complex contractual disputes, real estate litigation, health care litigation, bankruptcy court adversary proceedings, and other general commercial litigation. Ms. Gray has trial experience in state and federal courts, as well as arbitration tribunals including the NASD (now FINRA) and the AAA. Her practice includes appellate work at all levels.

Honors & Awards

  • Chambers USA 2020: Selected for inclusion in America's Leading Lawyers for Business in the area of Litigation: General Commercial
  • Chair Elect, Louisville Bar Association, Litigation Section, 2020
  • Jefferson County Business Court Pilot Project, Committee Member, 2019-Present
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®
  • Best Lawyers in America®, Commercial Litigation, 2020
  • Kentucky Super Lawyers® 2010 - 2020 in Business Litigation
    • Kentucky Top 50 Attorneys, 2019 and 2020
    • Top 25 Women Attorneys in Kentucky, 2019 and 2020
  • Benchmark Litigation, the Guide to America’s Leading Litigation Firms and Attorneys, Intellectual Property, 2017-present (local litigation star)
  • Louisville Business First's Forty under 40 Outstanding Young Leader Award, 2003

Representative Matters

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 (To Be Published). 
  • Successfully prosecuted and defended misappropriations of trade secret claims. Obtained dismissal of trade secret misappropriation claims on summary judgment.
  • Prosecuted and defended patent and trademark infringement cases

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 claims, defamation, and retaliation.

Cyber Litigation and E-discovery experience

  • Taught e-Discovery in the College of Legal Studies
  • 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 allow 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.

News

News

Involvement

Professional & Community Activities

  • Chair-Elect, Louisville Bar Association, 2020-present
  • Bulldogs in the Bluegrass, Community Mentor, 2016-present
  • Greater Louisville Outstanding Women (GLOW), 2014-present
  • LEAD GLI Program, 2013 Charter Member
  • Leadership Louisville, Ignite Louisville, 2005
  • Louisville Bar Association Leadership Academy
  • Former Mayor of Crossgate, Kentucky

Publications

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

Admissions

  • Kentucky
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court, Western District of Kentucky
  • U.S. District Court, Eastern District of Kentucky
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Middle District of Tennessee

Education

Vanderbilt University, J.D., 1998

University of Oregon, B.A., Spanish, 1993

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