Lisa practices in the areas of commercial and antitrust litigation, with an emphasis on post-trial and appellate work. She has litigated disputes in state and federal court for clients engaged in a number of industries, including the transportation, energy and pharmaceutical industries, and worked on MDL proceedings and class actions. Lisa’s appellate practice focuses on analysis and briefing, and she has drafted briefs filed in the highest courts of Iowa and Missouri as well as the U.S. Courts of Appeals, First, Sixth, Seventh, Eighth, Ninth and Tenth Circuits.

Before joining the firm, Lisa clerked for The Hon. John R. Gibson, U.S. Court of Appeals, Eighth Circuit, for two years. While she was in law school at the University of Michigan, Lisa was a research assistant for Professor James J. White, best known for his work on the White & Summers U.C.C. treatise.

Representative Matters

Lisa drafted sanofi-aventis U.S. LLC’s winning brief in United States ex rel. Wilson v. Bristol-Myers Squibb, Inc., 750 F.3d 111 (1st Cir. 2014), in which the court upheld dismissal of the relator’s False Claims Act claims. 

After assisting trial counsel with post-trial briefing, Lisa handled the appellate briefing in Beckon, Inc. v. AMCO Insurance Co., No. 12-2924, an insurance-coverage dispute that settled while on appeal to the Eighth Circuit. 

In a dispute over an advertising-services contract, Lisa obtained dismissal of the appeal and sanctions totaling all attorneys’ fees related to the appeal. Yellow Book Sales & Distribution, Inc. v. Your Doc, S.C., No. 11-3805 (Ill. Ct. App. 2013). 

Lisa drafted the winning brief in a brewing-contract dispute. India Breweries, Inc. v. Miller Brewing Co., 612 F.3d 651 (7th Cir. 2010). 

Lisa also drafted the winning brief in Aquila, Inc. v. C.W. Mining, 545 F.3d 1258 (10th Cir. 2008), in which the court affirmed judgment for the power company on its breach-of-contract claim. 

After an adverse ruling from the Missouri Court of Appeals, Lisa persuaded the Missouri Supreme Court to transfer the case and drafted the successful respondent’s brief for a city defending its issuance of revenue bonds to finance a power plant. Stopaquila.org v. City of Peculiar, 208 S.W.3d 895 (Mo. 2006).

Publications

Joseph G. Matye & Elizabeth C. Burke, Chapter 19 for the State of Kansas, State Antitrust Practice and Statutes (5th ed. 2014).

Elizabeth C. Burke, Chapter 12: Retaliation, 37 Missouri Practice Series: Employment Law and Practice (2005).

Elizabeth C. Burke, Criminal Penalties and the Alternative Maximum Fine, SHB Antitrust News (Dec. 2004).