Elizabeth J.Marino

Partner

Chicago + 1.312.269.1547

Elizabeth Marino is a trial lawyer focused on pharmaceutical and health care disputes, qui tam claims, and financial fraud and consumer class actions. She also assists clients in protecting trade secrets and other intellectual property rights. Elizabeth has tried matters before arbitral tribunals and in courts across the United States. Most recently, she successfully defended a pharmaceutical client against a $300+ million claim in a cross-border arbitration tried under the rules of the International Chamber of Commerce (ICC). A unanimous panel of arbitrators found no breach and awarded the client millions in fees and costs.

In addition to her trial experience, Elizabeth counsels clients regarding licensing, collaboration, and related contractual disputes. She also has an active practice conducting investigations and advising clients regarding compliance with the False Claims Act, Anti-Kickback Statute, and other federal regulatory schemes. The clients she serves include pharmaceutical and medical device manufacturers, financial institutions and real estate corporations, commercial retailers, and hospital groups. Elizabeth also writes and speaks on changes to the complex regulatory landscape governing health care providers and financial services firms.

Elizabeth has an active pro bono practice, defending clients facing deportation proceedings in partnership with the National Immigrant Justice Center and representing special needs clients through Equip for Equality, a nonprofit that operates the federally mandated Protection and Advocacy System for Illinois. In January 2021, Elizabeth led a team of lawyers from Jones Day and a valued Firm client in obtaining asylum for an Eritrean refugee who fled his home country to escape faith-based persecution.

Experience

  • Global pharmaceutical client wins ICC arbitration arising from collaboration disputeJones Day successfully defended a multinational, pharmaceutical client against a $300-plus million breach-of-contract claim arising from a collaboration agreement and that alleged among other things a failure to use commercially reasonable efforts.
  • Financial institution obtains dismissal of putative class action claims relating to alleged Ponzi schemeJones Day successfully defended a financial institution in a putative class action asserting claims arising from an alleged Ponzi scheme.
  • Global pharmaceutical company seeks over $1 billion in ICC arbitration related to licensing agreementJones Day successfully represented a global pharmaceutical company seeking over $1 billion in a licensing agreement dispute over royalty payments and the application of U.S. Supreme Court decisions in Brulotte and Kimble, among other claims.
  • Major university hospital system obtains dismissal of False Claims Act allegationsJones Day was engaged on behalf of a major university hospital system in connection with a federal and state False Claims Act case alleging violations of the Anti-kickback Statute and the Stark Law.
  • Hilco obtains affirmance of summary judgment in lawsuit brought by Patriot Group for $30 million in damagesJones Day represented Hilco Trading, LLC and Hilco Inc. on claims brought by Connecticut hedge fund The Patriot Group seeking more than $30 million in damages relating to losses Patriot suffered on an investment of a Hilco Trading subsidiary in the distressed lending market.
  • Academic medical center succeeds in obtaining complete dismissal of qui tam caseJones Day represented a nationally-recognized academic medical center in connection with a filed federal and state qui tam case.
  • Manufacturer conducts internal investigation on discount arrangementsJones Day advised a manufacturer in connection with a comprehensive review of its contracting structure, billing activity, and reporting obligations for a drug analyzing the program under the Anti-Kickback Statute, Best Price regulations, and the Sunshine Act.
  • Hilco Trading obtains partial summary judgment dismissing claims related to $30 million loanJones Day represents Hilco Trading, LLC, a Chicago-based financial services company, in litigation brought by Connecticut-based hedge fund The Patriot Group relating to a $30 million loan Patriot made to Hilco Trading's former subsidiary, Hilco Financial LLC, prior to the 2008 recession.
  • Woodward obtains affirmance by Seventh Circuit of summary judgment ruling in its favor in qui tam lawsuit alleging False Claims Act violationsOn December 11, 2015, the Seventh Circuit affirmed the district court's summary judgment ruling in favor of Jones Day client Woodward, Inc. in a long-running qui tam suit brought on behalf of the United States by two former Woodward employees who alleged that Woodward violated the False Claims Act in connection with its manufacture and sale of military parts to the U.S. government.
  • R.J. Reynolds obtains complete defense verdict following three-week jury trialJones Day client R.J. Reynolds Tobacco Company obtained a complete defense verdict following a three-week jury trial.
  • RadioShack defends against allegations in two putative class actions involving Fair and Accurate Credit Transactions ActJones Day represented RadioShack Corporation ("RadioShack") in consolidated class actions filed respectively in September and October, 2011.
  • Chicago eliminates billion dollar liability through settlement with parking meter operatorJones Day defended the City of Chicago in a claim brought by Chicago Parking Meters, LLC ("CPM") for breach of the parties' agreement over the sale of a 75 year concession interest to operate Chicago's parking meters.
  • Major university conducts investigation into statistical data disseminated by law schoolOn behalf of a large public university, Jones Day conducted an investigation into the accuracy of grade point averages, LSAT scores, acceptance rates, career placement data, and other information that the university's law school had reported to the American Bar Association, U.S. News & World Report, and other third parties.
  • Navistar successfully defends putative class actions related to diesel enginesJones Day defended Navistar International Corporation against putative class actions related to the 6.0L diesel engine supplied by Navistar to power Ford Motor Company's Super Duty pickup trucks for model years 2003-2007.
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