Elizabeth A. Scully

Experience

Class Action Litigation

• Defending numerous hospital systems in putative class actions regarding use of advertising and tracking technologies on their websites.
• Defended a Maryland health care system in a putative class action involving issues of first impression under the Maryland Medical Records Act. Obtained denial of a damages class, which was affirmed by the Maryland Court of Special Appeals.
• Defended the District of Columbia in putative class action arising from alleged data security incident and ransomware attack. Obtained dismissal of Plaintiff’s claims through a motion to dismiss.
• Defended numerous hospital systems in putative class actions arising from alleged data security incidents, with numerous claims being dismissed following early dispositive motions and other matters being resolved through mutually agreed settlements.

Commercial and Business Litigation

• Led trial teams in a variety of matters in the United States and abroad stemming from the firm's appointment as counsel to the SIPA Trustee in the liquidation of Bernard L. Madoff Investment Securities LLC. The team's efforts are concentrated on the investigation and recovery of assets from off-shore hedge funds. Recoveries will be added to the fund of customer property, which will be distributed pro rata to the customers of the Madoff Ponzi scheme with allowed claims.
• Represented a leading newspaper and commercial printer in an antitrust suit brought in U.S. District Court for the District of Puerto Rico. Obtained summary judgment in favor of client.
• Defended a civil False Claims Act qui tam action that involved alleged U.S. Customs misclassifications and Buy America Act violations, brought by a former employee against a mass transit bus manufacturer. Issues of first impression under Maryland law were addressed. Obtained summary judgment for client, which was affirmed by the 4th Circuit.
• In a matter of first impression, defended claims asserted by the former Virginia attorney general seeking to impose the Lanham Act and state false advertising liability on a political fundraising speech.
• Advised a document storage company on the development of a customer response strategy following a major catastrophe at the client's warehouse when its roof collapsed, killing one employee, damaging millions of stored documents and causing the cessation of its operations for several weeks. Negotiated on the client's behalf with numerous other Am Law 100 law firms representing the impacted customers, resulting in the avoidance of threatened lawsuits.
• Defended client in the alleged breach of an asset purchase agreement involving the sale of a well-established Maryland heating and air conditioning business. Asserted counterclaims regarding the seller's fraudulent manipulation of financial statements and inventory.
• Defended a quiet title action brought by the state of Maryland against the national operator and owner of a telecommunications tower located in a state national park. Negotiated an agreement between the client and the state that enabled the client to continue its operations without interruption.
• Represented a commercial airline in a multimillion-dollar fraud and breach of contract claim brought against a national telecommunications corporation.
• Represented the national servicer of mortgage loans in Fair Debt Collection Act and Truth in Lending Act matters.
• Represented the designer, manufacturer, and installer of a fiber optic transatlantic undersea cable system in a dispute alleging that the system was defective and seeking replacement of the entire system.

Fiduciary Litigation

• Served as trial counsel for trustees in litigation involving the termination and winding-up of a trust lasting more than 90 years. The matter involved trust assets in excess of $4 billion and issues of first impression under the Ohio Trust Code.
• Represented the beneficiary of a trust in a highly publicized action seeking removal of the trustee for breach of fiduciary duties and mismanagement of trust assets.

Employment Litigation

• Represented a multinational information and technology equipment and services company in a gender and race discrimination matter in the United States District Court for the Eastern District of Virginia (aka the "Rocket Docket"). Elizabeth's innovative approach for preparing and defending a corporate executive for the Rule 30(b)(6) deposition in that matter was commended by the court. Ultimately, the court granted summary judgment on behalf of the client.
• Represented a national media company in a hostile work environment, sexual harassment and age discrimination suit. In the matter, Elizabeth utilized her knowledge of cutting-edge technology and her strong advocacy skills to negotiate a narrowly tailored and focused litigation hold and scope of electronically stored information to be reviewed, saving her client hundreds of thousands of dollars in discovery costs.
• Represented the employer in a Section 1981 race discrimination and retaliation case brought in the United States District Court for the Western District of Virginia. Obtained summary judgment in favor of client, which was affirmed by the 4th Circuit.
• Regularly represents employers in litigation matters, including Dodd-Frank and Sarbanes-Oxley whistleblower disputes; age, race and sex discrimination; negligent hiring/supervision; the enforceability of employment agreements and covenants not to compete; and breach of contract claims.

First Amendment, Defamation Litigation

• In a defamation action brought by a former U.S.D.A. official, led the trial team's discovery efforts against the Executive Office of the White House, the U.S.D.A. and several U.S. congressmen. Obtained a rare order in civil litigation between private parties in which the government was required to produce confidential emails by and between White House staff and the U.S. Secretary of Agriculture.
• Represented bloggers in various defamation actions in Washington, D.C., arising from commentary on blogs and the use of video and photographs on websites.

Professional Malpractice Litigation

• Represented a cardiac surgeon against the claim that post-operative care caused blindness in one eye. The three-week jury trial in the Superior Court of the District of Columbia resulted in a defense verdict. Defense verdict was affirmed by the District of Columbia Court of Appeals.
• Represented a gastroenterologist against a wrongful death claim. A two-week jury trial in the Superior Court of the District of Columbia resulted in a hung jury.

Memberships

• Fellow of the American Bar Foundation
• American Bar Association
• Virginia Bar Association
• Maryland Bar Association
• Women’s Bar Association of the District of Columbia
  • Board of Directors: Former Director
  • Judicial and Executive Endorsements Committee: Former Board Liaison
• Council for Court Excellence
  • Executive Committee
  • Board of Directors
• District of Columbia Bar Association
  • Former Treasurer
  • Former Member, Board of Governor’s Finance Committee
  • Former Member, Board of Governor’s Budget Committee
• Lawyers’ Club of Washington
• The Barristers
  • Former President

Community

• Wolf Trap National Park for the Performing Arts Associates
  • Former Director, Board of Directors