Elizabeth P. Papez, Partner

Elizabeth Papez is a litigation partner and member of the firm’s nationwide appellate and critical motions practice. Ms. Papez has extensive private and public sector experience counseling clients and handling legal strategy at all phases of high-stakes litigation and regulatory proceedings, including the preparation and presentation of trial and government witnesses. 

She has successfully argued complex appeals in several circuits on behalf of private clients and the United States, has presented and prepared testimony for Congressional and federal agency proceedings, and has briefed significant cases in the U.S. Supreme Court, state courts, and federal courts across the country. 

Current clients include Abbott Laboratories, Altria Group, Bank of America, Dell Inc., Goldman, Sachs & Co., Morgan Stanley, Motorola Mobility Inc., Philip Morris USA, and Wells Fargo/Wachovia. 

Government Experience

Prior to joining Winston, Ms. Papez served as Deputy Assistant Attorney General in the U.S. Justice Department’s Office of Legal Counsel and as law clerk to U.S. Supreme Court Justice Clarence Thomas.

While at the Justice Department, Ms. Papez advised principals at the White House and throughout the executive branch on a wide range of legislative, regulatory, and enforcement matters concerning financial regulation, antitrust, intellectual property, and anti-fraud initiatives.  She also testified and briefed members of Congress on matters concerning pharmaceutical and intellectual property regulation, government contracting, and whistleblower rights, and represented the United States in several federal appeals.

Recent Victories

• Representation of healthcare client in D.C. Circuit challenge to jurisdictional ruling under the Medicare and Stark laws (featured in Law360 and various healthcare media) (D.C. Cir., Dec. 2011) (argued);
  
  
• Representation of commercial banks in Sixth Circuit appeals of defense victories in putative securities and commercial banking class actions (6th Cir., Aug. 2011) (argued); 
  
  
• Representation of national bank and Freddie Mac in precedent-setting appeal on construction of foreclosure crisis statute (Me. Sup. Ct., Feb. 2013) (argued); 
  
  
• Representation of power company client in D.C. Circuit appeal of Environmental Protection Agency (EPA) cross-state air pollution (CSAPR) rules (D.C. Cir., Sept. 2012);
  
  
• Representation of major smartphone manufacturer in successful motions practice against complaint for damages and injunctive relief (S.D. Cal., Aug. 2012);
  
  
• Representation of commercial bank in trial of commercial mortgage-backed securities (CMBS) claims (S.D.N.Y., Aug. 2012). 

Representative Matters

Ms. Papez’s current practice builds on her work as an appellate and litigation partner at Kirkland & Ellis LLP, where she handled a broad range of high-profile court and administrative proceedings. Representative matters include:

• Ongoing representation of investment bank in S.D.N.Y. multi-defendant antitrust class action;
  
  
• Ongoing representation of investment bank in Chicago qui tam suit alleging billions of dollars of state and municipal bond contracts;
  
  
• Ongoing representation of Fortune 200 consumer products company in D.C. qui tam suit alleging False Claims Act violations in connection with billions of dollars of military sales contracts;
  
  
• Ongoing representation of investment bank in S.D.N.Y. multi-defendant antitrust class action;
  
  
• Ongoing representation of investment bank in multiple class actions challenging privatization of Chicago's public parking systems;
  
  
• Ongoing representation of pharmaceutical manufacturer in appellate and class action proceedings following a DOJ settlement (argued);
  
  
• Ongoing representation of national computer manufacturer in Federal Circuit mandamus and related Texas and Delaware trial proceedings;
  
  
• Successful appellate and trial court representation of national telecommunications provider on constitutional challenges to state regulation (argued);
  
  
• Successful defense of multinational client in several trial and appellate cases involving stock option backdating (argued).

Education

Speeches and Publications

Ms. Papez regularly delivers public and private lectures on litigation and compliance issues relevant to a broad range of clients and industry sectors.  She has recently addressed key trends and developments in Supreme Court litigation and issues arising under the recently-amended False Claims Act, the Dodd-Frank Wall Street Financial Reform Act, and the Patient Protection & Affordable Care Act (PPACA).  Her publications include congressional testimony on the constitutionality of government contracting programs, an industry alert on the extraterritorial application of state antitrust law, and a Harvard Law Review article analyzing federal appellate courts’ treatment of derivative works under the Copyright Act.

Honors, Activities, and Media Mentions

Ms. Papez is an Adjunct Professor of Law at the George Washington University and a member of the firm’s Hiring and Associate Review Committees.  She was also a 2013 winner of Inside Counsel Magazine and Transformative Leadership East’s “Sharing the Power Award,” which recognizes the efforts of general counsel and law firm partners who collaborate to advance the empowerment of women in corporate law.

Ms. Papez regularly delivers accredited continuing legal education programs through the Practising Law Institute and other organizations, assists the U.S. Chamber of Commerce and Georgetown Supreme Court Institute in preparing significant cases for argument, and contributes as appropriate to media and industry coverage of issues relevant to her practice.

Her move to Winston & Strawn was featured in various media outlets including The National Law Journal and Law 360.  She has since been featured or referenced in various news stories, including National Law Journal and AFP coverage of the Supreme Court docket, a Daily Press article covering her oral argument before the Virginia Supreme Court in the pro bono representation of a man seeking habeas corpus relief on a 1991 murder conviction, and a Washington Post article titled "Regulators are finding opportunities at firms looking for government experience."