Elsbeth Bennett’s practice focuses on civil litigation matters, including antitrust matters.

Elsbeth has represented companies in a wide-ranging variety of disputes in state and federal courts, including antitrust claims, consumer class actions, securities fraud, restructuring disputes, and trade secret misappropriation. 

Elsbeth originally joined the firm in 2014. In 2021, she joined the U.S. Department of Justice as a Trial Attorney in the Civil Division’s Fraud Section. In that capacity, she investigated and litigated claims arising under the False Claims Act, including qui tam actions. These claims primarily involved federal healthcare programs, grant programs, and government contracts.

Elsbeth returned to the firm as a counsel in 2022.

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Notable Experience

  • T-Mobile in the merger review of T-Mobile’s acquisition of UScellular and in various litigations in federal court, including putative class actions. 

  • Whirlpool and former Brazilian subsidiary Embraco in domestic and foreign litigation following global cartel investigations in the refrigeration compressor industry, including a successful dismissal in New York state court.

  • Bosch in multidistrict civil litigation in the U.S. concerning diesel emissions.

  • Keurig Green Mountain in a multidistrict litigation brought by competitors and purchasers alleging a variety of federal and state antitrust claims.

  • Medtronic in federal litigation filed by a medical device competitor accusing the defendant of blocking competition. 

  • Sony Interactive Entertainment as a third party in Microsoft’s proposed acquisition of Activision Blizzard.

  • An individual in a putative class action in federal court alleging RICO claims arising out of certain land leases.

  • Citi with respect to the implications of various banking related exposures in connection with the Madoff Ponzi scheme and the bankruptcy of Bernard L. Madoff Investment Securities, and in related bankruptcy clawback litigation in SDNY.

  • Medytox Inc. in an Investigation in the International Trade Commission alleging misappropriation of trade secrets related to the manufacture and sale of botulinum toxin products.

  • J. Aron in successfully defeating the novel lien and trust claims of numerous creditors that were unpaid following a Chapter 11 bankruptcy.  The case was successfully transferred to the Bankruptcy Court and finally resolved when the Third Circuit affirmed the opinions of the Bankruptcy and District Courts granting J. Aron judgment on the pleadings with respect to all claims.

  • LVNV Funding in post-judgment motions seeking relief from jury verdict in class action regarding improper debt collection in Maryland state court.

  • Merrill Lynch in a securities fraud case relating to its sale of notes from a collateralized debt obligation.

  • Criminal pro bono representation in partnership with the Federal Public Defenders for E.D. Va. 

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Publications