Elisa P. McEnroe

Partner

Elisa P. McEnroe is a trial lawyer who handles business disputes, primarily commercial contract cases and indemnification issues arising from matters involving business competition, fraud, and mergers and acquisitions in both US federal and state courts, as well as alternative dispute resolution proceedings. Elisa has experience with all phases of the litigation process, from pre-complaint investigations through trial and appeals, and has tried and won both jury and bench trials. She also works closely with both large and small clients to develop and implement risk management strategies and to optimize clients’ business needs while navigating a dispute. Elisa is the deputy leader of the firm’s litigation practice in Philadelphia.

Extended Profile

Elisa has knowledge across a broad range of industries, and most recently has focused her practice on working with private equity funds and their portfolio companies and in the healthcare industry, primarily medical devices and pharmaceuticals.

Elisa lectures on the handling of post-closing indemnification disputes and is sought out to help clients navigate these complex and business-critical matters.

Elisa maintains an active pro bono practice and is a member of the firm’s Philadelphia Pro Bono Committee.

Prior to joining the firm, Elisa clerked for Judge Anita B. Brody of the US District Court for the Eastern District of Pennsylvania.

selected representations

Represented a global chemical company in its defense of a complex post-acquisition indemnification lawsuit in the United States District Court for the Southern District of New York. The lawsuit sought more than $800 million of damages concerning more than 60 environmental, health, safety and commercial indemnity claims at numerous of the chemical company’s former facilities in the United States, United Kingdom, Canada, South America and Europe, stemming from a $4 billion divestiture in 2004 of a worldwide nylon intermediates business. After three weeks of trial, immediately prior to closing arguments on the first of two phases of trial, the parties resolved the lawsuit on mutually agreeable terms.
Represented a medical device company in defense of a $15 million False Claims Act retaliation case filed by a former high-volume and highly compensated sales team leader. The team obtained a complete unanimous defense verdict after a two-week jury trial in the US District Court for the Eastern District of Pennsylvania, and also secured a jury verdict on counterclaims of breach of fiduciary duty and breach of confidentiality agreement.
Represented a prominent national university in actions in the Eastern District of Pennsylvania and the Western District of Tennessee regarding alleged breaches of material transfer agreements and patent infringement relating to client's cancer treatment. Both cases resolved favorably.
Represented one of the world’s leading food and beverage companies in the defense of breach of contract claims asserted in the US District Court for the District of New Jersey by the Assignee for the Benefit of Creditors appointed to oversee the liquidation of the client’s former regional supplier of corrugated cardboard boxes, as well as in the defense of preference claims asserted by the Assignee in New Jersey state court. Both cases settled favorably on the eve of trial.
Represented one of the world’s leading food and beverage companies in the defense of a breach of contract action seeking in excess of $30 million of damages, and the prosecution of indemnity claims against third parties, in the US District Court for the Eastern District of Pennsylvania. The bulk of the claims were dismissed on summary judgment, after which the remaining issues resolved favorably.
Represented a private equity client’s specialty hydrocarbons portfolio company in an arbitration concerning complex post-acquisition tax and accounting issues; obtained a complete victory on all issues as well as the application of costs and expenses of the proceeding against her client’s adversary.
Represented worldwide manufacturer and distributor of protective solutions for the US military, Department of Defense, federal agencies, and law enforcement and corrections professionals in a fraud and breach of contract action in the US District Court for the Southern District of Florida seeking in excess of $13 million of damages; secured dismissal of the fraud claim on a motion to dismiss, and later a complete summary judgment victory on the breach of contract claim.
Represented a prominent commercial real estate company in a property tax dispute implicating constitutional questions in the Court of Common Pleas in Pennsylvania up to and through a bench trial, which culminated in extensive post-trial briefing and a complete victory for our client.
Represented a global pharmaceutical company in a prolonged pre-Complaint discovery dispute and litigation through the Pennsylvania state court system (at the Court of Common Pleas, the Superior Court, and the Pennsylvania Supreme Court), with victories before every court.