Ellen Presley Proctor

Partner
Legal Assistant
Elizabeth Blake
P: 205.521.8435 eblake@bradley.com
Representative Experience
  • General Experience
    • Michel Keck v. Alibaba.com, Inc., Case No. 17-cv-5672-BLF, U.S. District Court for the Northern District of California
      Representing plaintiff on behalf of a class of visual copyright holders (e.g., artists) against Alibaba companies for contributory and vicarious copyright infringement. Alibaba is a Chinese company that operates a number of e-commerce web platforms similar to Amazon. The Alibaba IPO was the largest in history, and it is one of the top 10 most valuable companies in the world. Hundreds of thousands of counterfeit products, including artwork, are sold over the Alibaba platforms. The case involves counterfeit goods originating in China, which touches on significant U.S. trade issues and addresses whether companies like Alibaba can hide behind the Digital Millennium Copyright Act’s safe harbor while knowingly providing platforms for and facilitating the sale of counterfeit goods. The case addresses the use of class action litigation to enforce copyrights, and class-wide damages claims could total hundreds of millions, if not billions, of dollars.

      Breach of anti-piracy and confidentiality covenants
      Represented Cobbs, Allen & Hall, Inc. (CAH) in an action brought by CAH against four former employees for breach of anti-piracy and confidentiality covenants. CAH’s lawsuit also asserted claims against the former employees’ new employer for intentional interference with contractual relations. The trial court entered a $1 million sanctions award in favor of CAH as a result of discovery abuses committed by the defendants. Our team discovered that defendants were engaged in a scheme to conceal documents from production by placing spaces between letters of words in emails so the documents would not be found using electronic word searches. After years of contentious litigation, which included millions of pages of paper discovery and more than 40 depositions, the parties reached a settlement on the day the tortious inference trial was to begin.  

      Representing international dialysis company in products liability claims
      Currently representing Fresenius, an international dialysis company, in consolidated actions of approximately 9,000 state and federal cases nationwide alleging products liability and related claims pertaining to Fresenius’s design, manufacture, and distribution of GranuFlo Dry Acid Concentrate and NaturaLyte Liquid Acid Concentrate. Two bellwether trials have been conducted to date and both trials resulted in defense verdicts for Fresenius.

      Represented national hotel chain in ADA litigation
      Recently represented a large national hotel chain in slip-and-fall litigation involving ADA non-compliance allegations and complex medical treatment issues, with over $1,000,000 in claimed medical expenses. After filing summary judgment and Daubert motions, Starwood was granted complete summary judgment on plaintiff’s claims.

      Represented manufacturer in products liability litigation
      Represented a pepper spray manufacturer in products liability litigation arising out of a user’s severe idiosyncratic reaction.

      Multi-district products liability litigation
      National team member for Bayer Corporation in multi-district products liability litigation related to its Mirena intra-uterine device. Bayer won complete summary judgment in the more than 1,200 suits included in the MDL.

      Represented regional healthcare provider in medical malpractice case
      Obtained complete summary judgment for a large regional healthcare provider in a medical malpractice case alleging failure to timely diagnose and treat an infant’s spinal epidural hematoma.