Elizabeth M. Gary’s practice focuses on fact discovery in cases arising from business transactions, including appraisal litigation and actions brought under federal securities laws, as well as responding to SEC subpoenas. Liz’s experience includes negotiating the reasonable scope of electronic discovery with opposing counsel, working with clients to identify and collect responsive documents in the least burdensome way possible, efficiently running large-scale document productions, and helping prepare witnesses for depositions and to testify at trial.
In Ehrlich v. Arconic Inc. (C.C.P. Phila. Cty. 2017), Liz served as co-counsel and in five days filed a motion to reconsider an order granting sweeping expedited discovery (which was granted), an opposition to an emergency motion for preliminary injunction and preliminary objections to the complaint. After a hearing on the emergency preliminary injunction motion, the court denied the request to issue a preliminary injunction that challenged the board’s actions during a proxy fight. The court found that plaintiff failed to prove either irreparable harm or that greater injury would result from refusing the injunction than granting it. The preliminary objections are pending.
In Verition Partners Master Fund Ltd. and Verition Multi-Strategy Master Fund Ltd. v. Aruba Networks, Inc., (Del Ch. 2016), Liz helped prepare witnesses to testify in an appraisal trial in Delaware Chancery Court. The trial has concluded, and post-trial briefing is complete. The court will likely issue its decision later in 2017.
In Hussey v. Ruckus Wireless, Inc. (N.D. Cal. 2017), the district court granted with prejudice a motion to dismiss Section 14 claims finding that plaintiff had abandoned its Section 14(d)(7) claims and failed to state a Section 14(e) claim because scienter is required and was not pled, nor was falsity adequately pled. Media coverage of this decision is linked to this bio.
University of Michigan Law School, 2013, J.D., cum laude
Barnard College, 2007, B.A., magna cum laude
US District Court for the Southern District of New York
Awards and Affiliations
Member, Law Firm of the Year, Securities Regulation, US News/Best Lawyers – Best Law Firms (2019)