Elizabeth E. Olien

Overview

Elizabeth Olien is an experienced complex commercial and civil litigator with a business background in management and technology consulting. At Eckert Seamans, she represents a wide range of clients—including technology companies, online platforms, and energy companies—in business disputes, appeals, regulatory enforcement actions, and internal investigations.

Her practice encompasses matters involving consumer protection, contractual, fiduciary duty, and other high-stakes business issues.  She regularly advises clients under investigation by state attorneys general and other federal agencies and handles disputes between corporate and nonprofit officers and directors, business partners, trustees and beneficiaries, and employers and employees. 

Elizabeth has substantial experience across all phases of litigation, including early case assessment, discovery management (with a focus on large-scale e-discovery), depositions, coordinating experts and other consultants, trial, and appellate advocacy. She has argued cases before the U.S. Courts of Appeals for the D.C. and First Circuits, as well as before federal and state trial courts. In May 2020, she was among the first attorneys to present oral argument remotely before the Massachusetts Appeals Court.

Elizabeth maintains an active pro bono practice and was recognized by the National Veterans Legal Services Program with its Lawyers Serving Warriors® Excellence Award in 2023. During law school, she participated in the Boston College Law Massachusetts Attorney General Clinic, serving in the Administrative Law Division. After law school, she assisted the Consumer Protection Division with an investigation into allegations of false and misleading statements by a rating agency regarding mortgage-backed securities.

Before joining Eckert Seamans, Elizabeth was a senior associate at Orrick, Herrington & Sutcliffe LLP, and previously worked at Buckley LLP and a boutique litigation firm in Boston. Her prior experience also includes consulting in the federal services group of a global consulting firm, where she designed and implemented business processes to support e-commerce functions and other enterprise information systems.

Representative Matters

• Argued before the First Circuit on behalf of a former college president to uphold the complete dismissal of a seven-count complaint alleging fraud, breaches of fiduciary duty, contract, and privacy, seeking $40 million in damages after the college closed. Defending the client in a related Massachusetts Attorney General investigation resulting in no adverse action.
• Argued before the Massachusetts Appeals Court on an evidentiary issue concerning the admissibility of contract negotiations during a jury trial in a breach of contract action.
• Defended trustees of a complex national real estate business in action for accountings brought by a beneficiary in multiple states involving numerous entities and unfounded allegations of breach of fiduciary duties.
• Achieved a favorable resolution for former CEO of a well-known candy company in a bankruptcy adversary litigation involving breach of fiduciary duty allegations.
• Defended Japanese gaming company against business tort claims arising from the removal of its founder from the board of directors.
• Second chaired bench trial and directly examined witness in breach of contract action involving buy-out of former business partner. Drafted post-trial motion, appeal brief, and successfully defeated all post-judgment attachments.
• Litigated parallel state actions alleging breach of renewable power purchase agreements. Spearheaded work on the pleadings and motions practice.
• Represented renewable energy company in pre-litigation investigation after fire at battery energy storage facility, collaborated with technical expert to develop a root cause analysis report.
• Represented online technology companies in state AG investigations. Managing day-to-day client relationship, written discovery, e-discovery, and supervise junior attorney.
• Litigated consumer protection claims brought by state AG against e-commerce platform. Supervising two junior attorneys in drafting dispositive and discovery motions.
• Defended online platform in commercial arbitration brought by business user claiming loss of access to online accounts. Managing motions practice and discovery, including first chairing hearings.
• Represented third-party in litigation brought by state AG related to tax issues. Led work with client on subpoena response and coordinated with common interest counsel to prepare client for deposition.
• Defended financial institutions before the CFPB and OCC in enforcement matters regarding overdraft fees, peer-to-peer payments, and redlining.
• Defended public university in class action seeking tuition refunds during the COVID-19 pandemic. Oversaw large-scale e-discovery effort, defended deposition of university administrator, developed successful affirmative defense, managed internal and external client workstreams.
• Represented a public charter school in an administrative appeal and constitutional claim against a state agency, involving novel legal issues and a dispute over public records requests.
• Defended health system in high-exposure whistleblower action. Crafted defense strategy, first chaired depositions, led motions practice, and coordinated work with joint defense group.
• Defended a national health care system in a breach of contract action in the Delaware Chancery Court arising from the acquisition of eight hospitals with factually complex claims and counterclaims.
• Defended a Fortune 500 company in a multi-party civil fraud dispute concerning its performance under maintenance services contract at a senior care facility.

Representative Pro Bono Matters

• Argued before the U.S. Court of Appeals for the District of Columbia Circuit on the scope of deliberative process privilege under the Freedom of Information Act in a matter regarding the request to include a citizenship question in the 2020 U.S. census.
• Persuaded U.S. Court of Federal Claims to correct military record so that servicemember would receive benefits. Keltner v. U.S., 165 Fed. Cl. 484 (2023). Received 2023 Excellence Award from National Veterans Legal Services Program.