Elizabeth Marks

Betsy’s recent experience includes representing:

Restructuring / Insolvency

• AIG Financial Products in its chapter 11 restructuring, following a 15-year wind-down after the 2008 financial crash, as well as in an adversary proceeding over the treatment of debt related to pre-crash deferred compensation plans
• Mallinckrodt in reorganizing under chapter 11, following numerous contested matters and hotly contested confirmation hearing, for which Am Law Litigation Daily named her Litigator of the Week
• Lumileds, an Apollo portfolio company, in its successful chapter 11 restructuring and in pre-filing independent investigations related to dividend payments to the sponsor and other intercompany transfers
• MLCJR (Cox Oil) in its chapter 11, including in multiple success asset sales and an eventual conversion to chapter 7

Consumer / Civil Litigation

• American Airlines in obtaining multiple favorable outcomes in consumer class actions, and generally advise on contract and business disputes
• General Electric Capital Corporation in four high-profile lawsuits alleging civil conspiracy to commit fraud related to a multibillion-dollar Ponzi scheme
• Global Crossing, a telecom company, in obtaining a favorable settlement following lengthy litigation and a bench trial alleging breach of contract
• GameStop in obtaining dismissal of a complaint alleging deceptive advertising and unfair business practices

Securities Litigation

• Oatly in defending against securities claims related to its IPO and subsequent stock drop following production difficulties; favorable settlement pending
• GoTo, a provider of SaaS and cloud-based remote work tools, in successfully obtaining dismissal of securities fraud claims
• A123, an electric vehicle battery manufacturer, in successfully obtained dismissal of multiple complaints alleging securities fraud claims

Healthcare

• HCA, a major healthcare company, in obtaining a favorable settlement for following 10-day arbitration against a charitable foundation that challenged the company’s accounting
• The seller of a medical device company in an escrow dispute arising from alleged breaches of representations and warranties under the False Claims Act
• A major healthcare company in securing dismissal of an SEC investigation into potential violations of federal securities laws

Soft IP / Trade Secrets

• Desktop Metal, a midsize 3D printing company, in a weeklong trial against a competitor involving patent infringement claims and trade secret misappropriation
• Flir, a midsize technology company, in obtaining summary judgment on trade secrets claims
• Lehman Brothers in securing a favorable settlement following a three-week trial regarding a multibillion-dollar lawsuit alleging misappropriation of trade secrets and breach of contract