Elizabeth Marie Gary

As part of Morgan Lewis’s eData practice, Liz works with Morgan Lewis litigators to represent clients through all phases of discovery attendant to litigation or investigation, including the assertion of privilege. 

Liz frequently negotiates discovery protocols with government agencies, including the US Department of Justice and US Securities and Exchange Commission, as well as counterparties in civil litigation. 

Liz leads discovery in complex cases often involving all varieties of electronically stored information (ESI) including short-form messages, mobile devices, collaborative tools, cloud technologies, and social media platforms.

Liz routinely employs creative and cost-cutting strategies for data culling and searching as well as document review (including the use of TAR). 

Liz’s practice also includes a focus on efficiently and adequately asserting privilege. She designs and leads the review of responsive documents for privilege, negotiates and generates defensible privilege logs, and frequently advises litigators regarding privilege disputes.

Liz maintains an active pro bono practice and serves as pro bono discovery counsel to public defenders in New York.

Prior to joining Morgan Lewis, Liz worked as an associate in the litigation practice of a national law firm.

• In re Philips Recalled CPAP, Bi-Level PAP, & Mech. Ventilator Prod. Liab. Litig., a multidistrict class action involving the recall of CPAP, BiPAP, and ventilators, Liz led negotiations with respect to the scope of privilege and privilege logging as well as document review and production
• In the first criminal no-poach jury trial in the United States, Liz led document review efforts, coordinated discovery review across joint defense group members, and facilitated the development of document-related work product; the trial resulted in a complete defense verdict on all counts
• In BCIM Strategic Value Master Fund, LP v. HFF, Inc. (Del. Ch. 2021), an appraisal trial, Liz led all data collection, document review and production, privilege negotiations, and logging
• In Verition Partners Master Fund Ltd. & Verition Multi-Strategy Master Fund Ltd. v. Aruba Networks, Inc. (Del. Ch. 2016), Liz helped prepare witnesses to testify in an appraisal trial in Delaware Chancery Court