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Elizabeth Brannen

Managing Partner

Elizabeth Brannen

  • Harvard, J.D. (2000)
  • UPenn, B.A. (1997)

Elizabeth Brannen is the Managing Partner of Stris & Maher. She is also a first-chair trial lawyer who represents select clients in high-stakes business disputes.

Under Elizabeth’s leadership, Stris & Maher has achieved widespread recognition as one of the nation’s preeminent litigation boutiques. During her tenure, for example, The American Lawyer has twice named the firm a National Boutique of the Year Finalist (2019, 2022), an annual honor given to just seven firms “at the core of industry-changing matters, leading the charge on their clients’ most important cases and operating at a level that sets them apart from their peers.”

In addition to serving as the firm’s chief executive, Elizabeth maintains an active litigation practice representing clients in significant intellectual property and other complex business disputes. 

Natural communicator

Before ever setting foot in a courtroom, Elizabeth was already a proven advocate. In high school, she was the national Lincoln-Douglas debate champion. And in college, she became the second woman ever to win the national championship of the American Parliamentary Debate Association—an organization that has produced some of the country’s most influential lawyers and politicians. 

Elizabeth learned early that honest, respectful, and authentic communication has the power to persuade any audience. That lesson informs her approach to litigation, negotiation, and leadership.

Widely respected for her soft skills both in and out of the courtroom, Elizabeth has the rare ability to convert skeptics and neutralize conflict in almost any contentious professional setting. 

Veteran IP litigator

Before joining Stris & Maher in 2015, Elizabeth served as the Director of Intellectual Property at Barnes & Noble, as Corporate Counsel in Oracle’s litigation group, and as a patent litigator at a leading global IP firm.

Elizabeth now leads the firm’s patent litigation practice. Her work is national in scope, with recent cases ranging from district courts in California and Utah to Virginia and New York. She has achieved significant victories for global technology leaders and personally preserved them on appeal, including before the Federal Circuit where she began her career two decades ago as a clerk to the Honorable Arthur J. Gajarsa.

Elizabeth is also an expert in copyright, Lanham Act, and trade secret litigation. She served as the primary substantive authority for the firm’s recent copyright cases before the U.S. Supreme Court (Fourth Estate v. Wall-Street.com, 139 S. Ct. 881 (2019) and Unicolors v. H&M, 142 S. Ct. 941 (2022)) and its recent Lanham Act trial, defeating a $180 million false advertising claim and earning Top 20 Defense Verdict recognition from the Daily Journal.

Devoted mentor

Elizabeth is passionate in her support for diversity, equity, and inclusion within the legal community. She is a member of the Leadership Council on Legal Diversity, an organization of approximately 400 corporate chief legal officers and law firm managing partners committed to creating a truly diverse legal profession. As a “Leader at the Front,” she has made a public pledge to take specific and meaningful action to support diversity.

Education

Ms. Brannen received her J.D. from Harvard Law School, with honors, and her B.A. from the University of Pennsylvania, magna cum laude.

Overview

Elizabeth Brannen is the Managing Partner of Stris & Maher. She is also a first-chair trial lawyer who represents select clients in high-stakes business disputes.

Under Elizabeth’s leadership, Stris & Maher has achieved widespread recognition as one of the nation’s preeminent litigation boutiques. During her tenure, for example, The American Lawyer has twice named the firm a National Boutique of the Year Finalist (2019, 2022), an annual honor given to just seven firms “at the core of industry-changing matters, leading the charge on their clients’ most important cases and operating at a level that sets them apart from their peers.”

In addition to serving as the firm’s chief executive, Elizabeth maintains an active litigation practice representing clients in significant intellectual property and other complex business disputes. 

Natural communicator

Before ever setting foot in a courtroom, Elizabeth was already a proven advocate. In high school, she was the national Lincoln-Douglas debate champion. And in college, she became the second woman ever to win the national championship of the American Parliamentary Debate Association—an organization that has produced some of the country’s most influential lawyers and politicians. 

Elizabeth learned early that honest, respectful, and authentic communication has the power to persuade any audience. That lesson informs her approach to litigation, negotiation, and leadership.

Widely respected for her soft skills both in and out of the courtroom, Elizabeth has the rare ability to convert skeptics and neutralize conflict in almost any contentious professional setting. 

Veteran IP litigator

Before joining Stris & Maher in 2015, Elizabeth served as the Director of Intellectual Property at Barnes & Noble, as Corporate Counsel in Oracle’s litigation group, and as a patent litigator at a leading global IP firm.

Elizabeth now leads the firm’s patent litigation practice. Her work is national in scope, with recent cases ranging from district courts in California and Utah to Virginia and New York. She has achieved significant victories for global technology leaders and personally preserved them on appeal, including before the Federal Circuit where she began her career two decades ago as a clerk to the Honorable Arthur J. Gajarsa.

Elizabeth is also an expert in copyright, Lanham Act, and trade secret litigation. She served as the primary substantive authority for the firm’s recent copyright cases before the U.S. Supreme Court (Fourth Estate v. Wall-Street.com, 139 S. Ct. 881 (2019) and Unicolors v. H&M, 142 S. Ct. 941 (2022)) and its recent Lanham Act trial, defeating a $180 million false advertising claim and earning Top 20 Defense Verdict recognition from the Daily Journal.

Devoted mentor

Elizabeth is passionate in her support for diversity, equity, and inclusion within the legal community. She is a member of the Leadership Council on Legal Diversity, an organization of approximately 400 corporate chief legal officers and law firm managing partners committed to creating a truly diverse legal profession. As a “Leader at the Front,” she has made a public pledge to take specific and meaningful action to support diversity.

Education

Ms. Brannen received her J.D. from Harvard Law School, with honors, and her B.A. from the University of Pennsylvania, magna cum laude.

Representative Matters

PATENT INFRINGEMENT

Elizabeth represents a sweeping range of clients in patent cases throughout America.

Bushnell Hawthorne v. Cisco

As lead trial and appellate counsel for Cisco, successfully defended against network-traffic processing patent infringement claims in the Eastern District of Virginia and Federal Circuit.

VidAngel v. ClearPlay

Currently serving as lead counsel for VidAngel, a Provo-based technology company, in patent litigation relating to media content filtering. Case pending in District of Utah.

Pop Top v. Nook Digital

Currently serving as lead counsel for Barnes & Noble subsidiary Nook Digital in patent case before Southern District of New York. Obtained dismissal of first of two patents.

Playology v. Mammoth Pet Products

As lead counsel for Playology (a developer of popular and innovative dog toys), successfully brought declaratory judgment action in Central District of California for non-infringement and invalidity of three design patents.

Microchip v. Aptiv

Represented Aptiv in three-patent case brought by competitor Microchip Technology. Persuaded court to adopt a construction that led to elimination of one patent from the case. Also eliminated royalty damages through successful Daubert challenge to damages expert.

COPYRIGHT AND LANHAM ACT

Elizabeth represents both plaintiffs and defendants in copyright, trademark, and false advertising disputes throughout America.

Grasshopper v. Clean & Sober Media

Obtained defense victory after trial and appeal in $180 million Lanham Act false advertising case named by the Daily Journal a Top 20 Defense Verdict of 2021.

Fourth Estate v. Wall-Street.com

Prevailed before U.S. Supreme Court in Copyright Act case named by Managing IP an “Impact Case of the Year” in 2020.

Smith v. Barnes & Noble

As lead trial and appellate counsel for Barnes & Noble, secured motion to dismiss (trademark) and summary judgment (copyright) victories before the Southern District of New York and Second Circuit.

Berreau v. McDonald’s Corporation

As lead counsel for McDonald’s, obtained dismissal of copyright case in Central District of California.

TRADE SECRETS, PUBLICITY, AND PRIVACY

Elizabeth represents clients pursuing and defending against trade secret, publicity, privacy, defamation, and similar claims.

Roe v. Smashwords

As lead trial and appellate counsel for Smashwords (an e-book self-publishing platform), defeated misappropriation of persona and privacy claims in the Southern District of Ohio and Sixth Circuit.

McDougal v. National Enquirer (AMI)

Personally negotiated public settlement with the National Enquirer on behalf of former paramour of President Donald Trump in high-profile First Amendment case. Prepared Peter Stris for extensive media appearances.

Americana Juice v. Nestle

Defended Nestle in this South Texas jury trial. Plaintiff sought $330 million asserting tort and trade secret claims. Nestle offered $10 million to settle before trial. Persuaded jury to award only $1 million, after which a confidential settlement was immediately reached.

OTHER COMPLEX DISPUTES

Private Equity arbitration

As co-lead trial counsel, obtained award of no damages ($40 million sought) in Bay Area arbitration between co-founders of a private equity fund. Personally conducted cross-examination of damages expert that led to the result.

Frommert v. Conkright

Represented plaintiffs before the Western District of New York and Second Circuit in this “epic litigation” against Xerox, recovering pension benefits of over $17 million plus $4.9 million in attorneys’ fees. Argued final (of four) appeals to the Second Circuit.

San Clemente v. Sovereign

As lead counsel for one of the nation’s largest behavioral health centers, successfully defended against existential litigation threat brought by wealthy Southern California beach city. Although multiple other cities had successfully challenged behavioral health centers in their jurisdictions, negotiated settlement that allowed our client to continue its operations.

Baleja v. Northrop Grumman

Served as lead trial counsel for class of 2,000+ workers seeking retirement benefits promised by Northrop in the 1980s to induce decades of service.

Speaking Engagements

Elizabeth regularly speaks about intellectual property law, courtroom presentation, diversity and inclusion, and her approach to leadership as the firm’s Managing Partner. Her recent appearances include:

  • Speaker, “Pushing for a Diverse Future in Intellectual Property,” Burford Capital (September 2022)
  • Speaker, “Best Practices for Virtual Lawyering,” National Association of Women Lawyers (May 2022)
  • Event Chair and Moderator, “Judge’s Night Gala,” Los Angeles Intellectual Property Law Association (March 2022)
  • Speaker, “Embracing GENgagement to Win The DEI Challenge,” New York State Bar Association (July 2021)
  • Panelist, “Remote Case Management of IP Proceedings,” The Sedona Conference (June 2021)
  • Guest Speaker, The Managing Partners Podcast (April 2021)
  • Panelist, “Google v. Oracle Preview,” Chi-Kent Supreme Court IP Review (October 2020)
  • Guest Speaker, “Global IP Updates,” Targem Translations (June 2020)
  • Panelist, “Damages Presentation,” SAS Institute Forum on NPE Litigation (September 2019)
  • Panelist, “Developments in IP Law,” Chambers Forum: New York (June 2019)

Publications

Elizabeth is a thought leader who is regularly asked to comment on various timely issues. Some recent publications include:

  • Dark Horses, Joyful Noises, and The Building Blocks of Musical Expression, Washington Legal Foundation Legal Pulse (April 26, 2022) (with Sarah Rahimi)
  • Practicalities of Managing Remote Depositions, The Sedona Conference (June 3, 2021) (with Marta Beckwith and Mark Matuschak)
  • Google v. Oracle: High Court’s Transformation of Transformational Use, Washington Legal Foundation Legal Pulse (May 5, 2021)
  • Supreme Court’s Media Ownership Ruling Has Silver Linings, Daily Journal (Apr. 14, 2021)
  • Dr. Seuss Enterprises v. Comicmix: Insufficient Facts About Mashups Invite Danger, Washington Legal Foundation Legal Pulse (Jan. 21, 2021) (with Hanna Chandoo)
  • Patent Litigation May Be On The Rise During Pandemic, Law360 (May 21, 2020) (with Justin Barnes and Ariel Murphy)
  • Dog Toy Maker Has Its Day With Ninth Circuit Trademark Decision, Washington Legal Foundation Legal Pulse (Apr. 27, 2020) (with Jhaniel James)

Associations

Active Memberships

Leadership Council on Legal Diversity (LCLD), “Leader at the Front” and member

Los Angeles Intellectual Property Law Association (LAIPLA), board member

Judge Paul R. Michel Intellectual Property American Inn of Court, member

Burford Equity Project, 1 of 27 “Champions”

Clerkships

  • Hon Arthur J. Gajarsa, United States Court of Appeals for the Federal Circuit

Admissions

State

  • California
  • Florida
  • Massachusetts
  • New York

Federal

  • U.S. Supreme Court
  • Second Circuit
  • Third Circuit
  • Sixth Circuit
  • Ninth Circuit
  • Eleventh Circuit
  • Federal Circuit
  • All Districts of California
  • All Districts of Florida
  • District of Massachusetts
  • Eastern District of Texas
  • Western District of Texas
  • Eastern District of New York
  • Southern District of New York

Stris & Maher LLP

777 S Figueroa St, Suite 3850
Los Angeles, CA 90017
+1 213 995 6800