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OVERVIEW

Elizabeth C. Brandon
Partner

Dallas

2121 N. Pearl Street
Suite 700
Dallas, TX 75201

P 214-258-4115

F 214-258-4199

OVERVIEW

Elizabeth C. Brandon
Partner

Dallas

2121 N. Pearl Street
Suite 700
Dallas, TX 75201

P 214-258-4115

F 214-258-4199

Elizabeth Brandon litigates and tries complex commercial disputes. She offers a proven ability to identify and analyze complicated facts, issues and legal principles — and distill them into concise, logical and persuasive arguments when presented to opposing counsel, judges and juries. Elizabeth is at her best when stakes are high, pressure is intense, time is limited and simplicity is needed.

OVERVIEW

Elizabeth Brandon litigates and tries complex commercial disputes. She offers a proven ability to identify and analyze complicated facts, issues and legal principles — and distill them into concise, logical and persuasive arguments when presented to opposing counsel, judges and juries. Elizabeth is at her best when stakes are high, pressure is intense, time is limited and simplicity is needed.

An exacting and focused litigator who is objective and balanced even in the face of relentless acrimony, Elizabeth takes the time to ensure her clients understand the litigation process and their options. Elizabeth’s no-surprises communication style and immutable commitment to protecting her clients' positions help her to identify opportunities for favorable settlement whenever possible. In the event an acceptable resolution cannot be achieved, Elizabeth’s well-planned, practical legal arguments have proven effective in the event trial should ensue.

Elizabeth has represented individual and business clients in state and federal courts in Texas, California, Delaware, New York and other jurisdictions, including before arbitration tribunals. Her clients have included issuers, directors and officers in securities fraud class actions and litigation arising out of mergers and acquisitions, insider trading, class actions, earn-out, post-closing adjustment and breach of warranty disputes, breach of contract, fiduciary duty, unfair competition and tortious interference with contract, oil and gas litigation, regulatory compliance and related investigations.

Notably, Elizabeth’s industry experience is also broad and includes legal, consulting, insurance, data processing, technology, oil and gas, electric utilities, food and beverage, healthcare, entertainment, advertising, telecommunications, computer, travel, manufacturing, construction, private equity and hedge funds. The common denominator throughout Elizabeth’s representation is that she is depended upon to bring order and direction to big, challenging and acrimonious cases.

Elizabeth serves as a mentor to law students and young lawyers both inside and outside of the firm.

Professional and Community Involvement

Member, University of Texas School of Law Mergers & Acquisitions Institute Planning Committee

Member, American Bar Association Business Law Section; Section of Litigation’s Securities Litigation Committee

Member, Texas State Bar Association Litigation Section Council

Dallas Bar Association, Business Litigation Council; Securities Section; and various Committees

Member, Women of White Collar Defense Association

Member, Attorneys Serving the Community

Member, Dallas Women Lawyers Association

Honors

Texas Super Lawyers, 2018; Rising Star, 2015-2017

D Magazine Best Lawyer, 2018

EXPERIENCE
Experience

A representative sample of Elizabeth’s experience includes:

Business Disputes

  • Represented a privately owned pesticide company in business separation in connection with a receivership and forced sale
  • Represented a privately owned oil and gas company in a derivative lawsuit asserting fiduciary duty and contract claims and in connection with forced business dissolution
  • Represented an investment consulting firm in connection with litigation arising from promissory notes and loan guarantees

Merger Challenge Cases

  • Represented a Delaware oilfield services provider in litigation challenging an inversion transaction and obtained a reversal of affirmative injunction from the Delaware Supreme Court (Del.); (Del. Ch.)
  • Represented numerous master limited partnerships (MLPs) in merger challenge lawsuits (DE, MO, OK, TX – state & fed.)
  • Represented an MLP in a lawsuit arising from an asset drop down (Tex. Dist.)
  • Represented a large utility in merger challenge lawsuits and regulatory administrative proceedings arising from the largest private equity acquisition (Tex. state court)

Securities Litigation and Enforcement

  • Represented a leading provider of pawn loans and certain of its officers in a securities fraud action alleging 10b-5 violations and a related derivative action arising from corporate practices, financial reporting and consulting arrangements, and separate representation in a securities fraud action alleging 10b-5 violations arising from restatement (S.D.N.Y.); (W.D. Tex.); (Del.)
  • Represented an MLP and certain of its officers in a securities fraud action alleging 10b-5 and Section 11 violations arising from an initial public offering (S.D.N.Y.)
  • Represented a manufacturer of wheeled-shoes in a securities fraud class action, derivative action and individual shareholder lawsuits arising from an IPO (N.D. Tex.); (Dallas Cty. Ct.)
  • Represented a former CEO of a public company in a securities fraud action arising from stock options backdating (S.D.N.Y.)
  • Represented officers and directors in various enforcement proceedings before the SEC (TX); (D.C.)
  • Represented a telecommunications wireless provider in a securities fraud class action (W.D. La.)

Other Matters

  • Represented a beef processing company in a patent infringement lawsuit against a competitor
  • Represented a global payment service provider and its CEO in the defense of a recapitalization plan in a shareholder class action and derivative lawsuits
  • Represented several municipalities in the validation of multi-million bond packages
  • Represented a leading healthcare GPO in multiple antitrust actions challenging bundled or package discount arrangements
  • Secured a AAA arbitration award in a commercial real estate tax dispute
  • Represented a national insurance provider in class actions alleging underpayments of claims

Publications and Presentations
  • "Expedited Discovery," TexasBar CLE 32nd Annual Advanced Evidence and Discovery, San Antonio, Texas, May 23-24, 2019
  • "Increasing the Diversity of Legal & Corporate Leadership," The Women in Law & Leadership Summit – Women, Diversity & Change, Houston, Texas, May 16, 2019
  • "Top Blunders to Avoid With Experts," ABA: 2019 Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York, New York, May 1-5, 2019
  • "Expedited Discovery," TexasBar CLE 32nd Annual Advanced Evidence and Discovery, Houston, Texas, April 11-12, 2019
  • "Trial Tips From the Masters: Lessons Learned From Early Trials," ABA Motor Vehicle Products Liability Conference, Coronado, California, April 3-5, 2019
  • "Court of Chancery Upholds ETE's Right to Terminate Deal," HEADNOTES, Dallas Bar Association, November 2016
  • "2016 PIPES Act Delivers Increased Regulatory Scrutiny," Pipeline law Alert, July 5, 2016 (co-author)
  • “Trends in Securities Litigation,” Dallas Bar Association Securities Section, June 26, 2017
  • “The ETE-Williams Failed Deal – A Reminder About How Proper Allocation Of Risk In Deal Terms Affects Litigation Outcomes,” ABA Securities Litigation Section, May 24, 2017
  • "Broker-Dealer Litigation – 2016 Annual Survey," Litigation Section, American Bar Association, March 2017 (contributor)
  • "An Update on What to Expect from the SEC in 2017," Q&A with Shamoil T. Shipchandler, Regional Director, Ft. Worth Regional Office, SEC, Dallas Bar Association – Securities Section , Feb. 13, 2017
  • "Leak and Crises Incidents: From Discovery to Closure," In-house CLE presentation, Feb. 2017 (co-presenter)
  • "Root Cause Failure Analysis: Best Practices, Maintaining Privilege, and Working with the Government," In-house CLE presentation, Feb. 2017 (co-presenter)
  • Developments on the PIPES Act, In-house CLE presentation, Feb. 2017
  • "Court of Chancery Upholds ETE's Right to Terminate Deal," Dallas Bar Association – Headnotes, Nov. 1, 2016
  • "Trending Issues in Negotiation of Indemnification Provisions," UT Law 2016 Mergers and Acquisitions Institute, Oct. 21, 2016 (panelist)
  • “2016 PIPES Act Delivers Increased Regulatory Scrutiny,” Pipeline law Alert, July 5, 2016 (co-author)
  • “Trends in Securities Litigation,” DBA Securities Section Meeting, June 2016 (panelist)*
  • “Broker-Dealer Litigation – 2015 Annual Survey,” Litigation Section, American Bar Association, March 2016 (contributor)*
  • “Conflict Transactions Involving Master Limited Partnerships: Developments in Delaware Law Provide Guidance on Enforcing Protections in Limited Partnership Agreements,” 67th Annual Oil & Gas Law Conference, February 18, 2016 (panelist and co-author)*
  • “Managing Internal Electronic Business Communications to Mitigate Litigation Risk,” In-house CLE presentations to various corporate clients, 2015*
  • “The Morning After: Why Some Deals Result in Investor Claims,” Association for Corporate Growth (ACG) DFW Chapter, November 19, 2015 (panelist)*
  • “The Delaware Court of Chancery Doubles Down on Potential Financial Advisor Liability,” Shareholder Litigation & Enforcement Update E-communication, October 22, 2015 (co-author)*
  • “SEC Enforcement and Litigation,” RR Donnelley SEC Hot Topics Institute, September 10, 2015*
  • “Lessons from the Recent Delaware Supreme Court Opinions Concerning Master Limited Partnerships,” Securities Litigation and Enforcement and MLP Update E-communication, June 7, 2013 (co-author)*
  • “Federal Court Sends Academi Back to School: Finds Agreement Requiring Arbitration of False Claims Act Retaliation Claims Unconscionable,” False Claims Act Update E-communication, April 23, 2013 (co-author)*
  • Securities Litigation Insights, Issue 10, Spring 2013 (co-author)*
  • What Companies Don't Know Can Hurt Them: An Introduction to the Basics of U.S. Antitrust and Competition Laws,” State Bar of Texas Corporate Counsel Section Newsletter, Winter 2013 (co-author)*
  • “Forum Selection Provisions: Why Strine Got It Right,” Law360, September 27, 2013 (co-author)*
  • “Recent Developments in Merger and Acquisitions and Corporate Governance under Delaware Law,” presented at the Metroplex Association of Corporate Paralegals, August 22, 2012 (speaker)*
  • “Five Significant Delaware Corporate Governance Opinions in 2011,” Securities Litigation Insights, Winter 2012 (co-author)*
  • “FTC Report Recommends Changes to U.S. Patent System to Promote Competition and Innovation,” Antitrust News & Notes, March 2011*
  • “The Expanding Scope of Insider Trading Liability,” Securities Litigation Insights, Winter 2011 (co-author)*
  • Monthly writer for ABA Antitrust Section Intellectual Property E-Bulletin, available at http://www.abanet.org/antitrust/at-committees/atip/ebulletins09.shtml (2009–2010)*
  • “Recent Treatment of Loss Causation Across the Circuits,” Securities Litigation Insights, Fall 2009 (co-author)*
  • “Fifth Circuit Clarifies Loss Causation Standards,” Securities Litigation and Enforcement E-communication, September 15, 2009 (co-author)*
  • “The Expedited Declaratory Judgment Act: A Litigation Approach to the Efficient Resolution of Bond Hold-Ups,” Texas State Bar Litigation Report: The Advocate, Vol. 47 Summer 2009 (co-author)*

*Occurred prior to joining Barnes & Thornburg.

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