Ellen Oberwetter represents clients in complex civil litigation in courts and arbitrations around the country.  She is a Co-Chair of the firm’s Arbitration practice group and Chair of the firm’s Bankruptcy Litigation practice group.  In recent years, her primary areas of practice have included patent and licensing disputes, legal malpractice matters, and bankruptcy litigation.  Many of her matters over the years have been litigated through arbitration.

Ellen has represented clients in a number of patent and licensing disputes, including Hatch-Waxman litigation, Biologics Price Competition and Innovation Act (“BPCIA”) litigation, and licensing disputes concerning collaboration agreement obligations, and royalty and sublicensing payment obligations.  She has significant experience in litigating intellectual property and product valuation issues.
 
In the professional malpractice area, Ellen has defended law firms against allegations of mishandling litigation and transactional matters, including intellectual property, trust and estate, and bankruptcy matters; claims for securities fraud; allegations of overbilling; and claims for breach of fiduciary duty.  She also defended a major accounting firm in arbitration and court proceedings around the country against claims relating to tax advice.  

Ellen has represented clients in numerous bankruptcy litigation matters, including defending against claims brought by litigation and liquidating trusts, handling adversary proceedings, representing a company in a transnational substantive consolidation dispute, and negotiating Rule 2004 discovery requests.

Representative Experience

Though all cases vary and none is predictive, Ellen’s experience includes:

  • Represented a biopharmaceutical company in a 2020 arbitration relating to a license dispute in which the client prevailed and obtained a significant damages award
  • Defended a global wealth management firm in a 2019 arbitration of employment discrimination claims, resulting in a decision for the defendant
  • Represented a pharmaceutical company in state court litigation concerning a sublicensing revenue dispute 
  • Represented multiple pharmaceutical companies in Hatch-Waxman and BPCIA patent litigation matters
  • Represented a law firm in state court litigation alleging malpractice with respect to patent prosecution malpractice
  • Represented a law firm in state and federal court proceedings against litigation trust, multiple plaintiff groups, and an investor class action bringing claims for securities fraud and legal malpractice.  Served as lead examiner for depositions of class representative plaintiffs
  • Second-chaired a jury trial in D.C. Superior Court on behalf of a law firm in which the client obtained a complete defense verdict
  • Represented a Big Four accounting firm in numerous arbitrations relating to tax advice

Education

Clerkships

Recognitions

“Washington, D.C. Rising Stars,” The National Law Journal, 2015

Admissions

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