Elizabeth J. Marino

Partner

Chicago + 1.312.269.1547

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Elizabeth Marino has 15 years of experience trying complex matters in the pharmaceutical, health care, financial services, and commercial real estate/infrastructure spheres. She also manages and tries product liability disputes for clients and has in-depth experience in developing creative defenses to claims involving quasi-regulated products, such as investigational products used in clinical trials and consumer health care products. In her trial practice, Elizabeth regularly appears before national and international arbitral tribunals and in courts across the United States, trying to successful verdict disputes in excess of $300 million.

She also conducts investigations, protects trade secrets, and advises clients on compliance with federal regulatory schemes, including the False Claims Act, Anti-Kickback Statute, and requirements for clinical trials and Food and Drug Administration (FDA) approval. Elizabeth has appeared before the Department of Justice (DOJ) and administrative tribunals to advocate for clients that include pharmaceutical and medical device manufacturers, financial institutions, data providers, real estate corporations, and hospital groups.

In addition, Elizabeth counsels clients regarding licensing, leasing, and similar contracts, working to develop pathways to minimize litigation risk of and maximize contractual and legal protections for proposed actions. She has particular experience with, and speaks on, the special considerations applicable to multinational companies and cross-border contracts.

Furthermore, Elizabeth has an active pro bono practice, defending clients facing deportation proceedings and representing special needs clients through Equip for Equality, a nonprofit that operates the federally mandated Protection and Advocacy System for Illinois. Elizabeth recently led a team of lawyers from Jones Day and a valued Firm client in obtaining asylum for several Eritrean refugees who fled their home country to escape faith-based persecution.

Experience

  • Eritrean refugee secures asylumAs part of an ongoing collaboration, Jones Day partnered with a valued firm client to successfully secure asylum for an Eritrean refugee who fled her home country due to faith-based abuse and sexual assault by her husband, a high-ranking government official.
  • Riverside acquires SolutaJones Day advised The Riverside Company in the acquisition and financing of Soluta, Inc. and Boon-Chapman Benefit Administrators, Inc. (Soluta BCBA).
  • Financial institution obtains appellate victory in putative class action claims relating to alleged Ponzi schemeJones Day secured an appellate victory for a financial institution facing a putative class action asserting claims arising from an alleged Ponzi scheme.
  • Global pharmaceutical company secures summary judgment on all claims in wrongful death action involving clinical trial participantJones Day successfully defended a global pharmaceutical manufacturer in a wrongful death suit filed by the parents of a young woman with Acute Lymphoblastic Leukemia who died in a clinical trial for CAR-T cell therapy.
  • 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.
  • 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.
  • Jones Day and valued firm client secure asylum for Eritrean refugee escaping religious persecutionIn partnership with a valued firm client, Jones Day successfully secured asylum for an Eritrean refugee who was imprisoned and tortured by the Eritrean government for his Pentecostal beliefs.
  • 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.
  • 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.
  • 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.
  • 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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    November 2018 Commentary

    D.C. District Court Vacates 60-Day Medicare Advantage Overpayment Rule

    February 2018 Commentary

    Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

    September 2016 Commentary

    Noteworthy Trends from Cases Decided Under the Recently Amended Federal Rules of Civil Procedure

    June 6, 2011 External Publications

    Adding Insult to Injury: Tax Consequences of FCPA Violations, Tax Notes Today

    June 2011 Jones Day Publications

    A Dangerous Game: State and Local Taxing Authorities Using Outside Auditors on a Contingent-Fee Basis, Jones Day State Tax Return

    April 2011 Alert

    OCC Reaches Settlement with Bank Mortgage Servicers

    February 2011 Alert

    Consumer Financial Protection Bureau's Newly Established Supervisory and Enforcement Authorities Require Senate-Confirmed Director

    February 2011 Alert

    Supreme Court Defers to Federal Reserve in Declining to Read 2009 Credit CARD Act Policies into Pre-Act Notices

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