In close consultation with her clients, Elyse designs and executes innovative litigation strategies.

With more than two decades of experience, she understands all aspects of litigation from pre-litigation counseling and planning through trial and appeal. Whether helping opposing sides find common ground, positioning a case for the best possible settlement, or taking a case to trial, she finds a way to help her clients succeed.

Elyse primarily handles commercial and product liability matters, including five arbitrations / trials in the last seven years for clients such as DISH, Telenor and Nintendo. As demonstrated by the engagements below, her practice is not limited by case type or industry. Instead, clients rely on her ability to immerse herself in the relevant details of their products and services, as well as her unique blend of pragmatism, imagination and advocacy.

  • Some of Elyse's notable representations include the following:

    • DISH Network. Elyse was a member of Orrick's team representing DISH Network in litigation adverse to the four major broadcast television networks in the Southern District of New York and the Central District of California. The cases implicate important and far-reaching copyright issues related to Digital Video Recorder technology and have received intense media coverage. Law360 named the litigation among its "Cases to Watch" for 2013.  
    • Elyse's DISH representation has included participating as trial counsel on telemarketing-related litigation in the Central District of Illinois and Middle District of North Carolina.
    • Nintendo. Elyse was a member of Orrick's trial team that represented Nintendo in a patent dispute at the International Trade Commission related to the Nintendo Wii. Following a bench trial in August 2011 before an Administrative Law Judge, the Orrick team obtained a complete victory for Nintendo. The Financial Times selected the case for its list of the most innovative client results of 2012.
    • DHL. Elyse participated in Orrick's representation of DHL as national counsel in wide-ranging commercial litigation relating to DHL Express (USA) Inc.'s decision to cease offering domestic-only shipping services in the United States, handling those matters pending in the New York courts. Elyse's representation of DHL also has included the defense of a putative class action brought in the Western District of New York (successfully defeating attempts at class certification), as well as state false claims act cases brought in multiple states.
    • American Cyanamid Company. Elyse represents Cyanamid as national counsel in litigation concerning lead pigment in paint. These cases have included actions by individuals, some framed as putative class actions, and actions initiated by various State and local governments, such as the State of Rhode Island, the City of Chicago, certain New Jersey municipalities and certain California Counties and municipalities.
    • PricewaterhouseCoopers (PwC). Elyse has represented PwC in multiple actions alleging audit malpractice.
    • UNCITRAL Arbitration. Elyse participated in Orrick's representation of a major European telecommunications concern in an UNCITRAL proceeding in London to determine the rights of parties under a shareholders agreement for an Amsterdam-based telecommunications company.    
    • Pharmaceutical and Consumer Products. Elyse has represented a range of clients in product liability matters involving pharmaceutical and consumer products, including Johnson & Johnson baby powder, American Cyanamid vaccines, Schering-Plough asthma medication and The Mead Corporation's printing supplies.
    • In re 105 East Second Street. Elyse second-chaired the successful trial defense of a United States Trustee in Federal Bankruptcy Court in a multi-faceted real estate partnership dispute, affirmed by the Southern District of New York and the Second Circuit Court of Appeals.
    • Other Commercial Matters. Elyse has represented and counseled a wide range of clients in contract disputes, insurance coverage issues, and real estate disputes.
    • Criminal Matters. Elyse served as a SpecialAssistant District Attorney with the Kings County District Attorney's Office, Homicide Bureau, during which time she second-chaired four homicide trials.