Elisabeth Gray

Principal Partner

(502) 625-2848


Download vCard

Elisabeth (“Libby”) Gray assists clients in prosecuting and defending unfair competition lawsuits, including misappropriation of trade secrets and breaches of restrictive covenant agreements, such as non-competes and non-solicitation agreements. Because of her significant experience, she has been qualified as an expert witness in Federal Court relating to the appropriate standard of care to prosecute a misappropriation of trade secrets case. In addition to her work protecting her clients against unfair competition, Libby has an active commercial litigation practice where she regularly handles disputes involving Intellectual Property, complex contractual issues, employment matters, and other business litigation. Libby is often retained to handle “bet-the-company” litigation and works closely with her clients to help ease the disruption of litigation through proactive communication, and creative and responsive guidance. She has tried cases in state and federal courts through judgment (both jury and bench), as well as handling injunction and other evidentiary hearings. Libby also has experience in arbitration tribunals including FINRA and the AAA. Her practice includes appellate work at all levels.

She has particular proficiency with eDiscovery and related technology, and uses eDiscovery to her clients’ benefit. Libby has successfully obtained numerous court orders requiring the forensic examination of computers, smart phones, and other electronic devices. Libby was recently Adjunct Faculty and taught an e-Discovery class in the College of Legal Studies at Sullivan University.

She also recently served as the Chair of the Louisville Bar Association Litigation Section. Because of her vast experience with business litigation, Libby was selected by the Kentucky Supreme Court to serve on the Business Court Pilot Project which established a pilot business courts in Jefferson County, Kentucky and continues to serve in this capacity.

Elisabeth Gray Experience

Practice Area

Representative Matters

Trade Secret, Unfair Competition, IP Litigation

Qualified by and testified before the United States District Court for the District of Connecticut as an expert witness on the standard of care to litigate a trade secret misappropriation claim in Kentucky courts.

Successfully tried trade secret misappropriation case before a jury in Kentucky Federal Court. Succeeded on post-trial motion to amend the breach of contract damages from $202,865 to $1.

Successfully argued at the Sixth Circuit Court of Appeals to affirm $3.2 Million Dollar Judgment found non-dischargeable by the United States Bankruptcy Court based on claims of trade secret misappropriation and tortious interference. https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0132p-06.pdf (Published).

Employment Litigation

Successfully prosecuted cases and obtained Temporary Restraining Orders to enforce non-competition and non-solicitation agreements, against misappropriation of trade secrets, tortious interference with business relationships and unfair competition. Obtained preliminary and permanent injunctions after evidentiary hearings. Resulted in successful settlements with monetary components and permanent injunctive relief.

Successfully defended employment discrimination, defamation, and retaliation claims.

Cyber Litigation and E-discovery Experience

Taught e-Discovery in the College of Legal Studies at Sullivan University.

Assisted, advised, coordinated and implemented litigation holds for clients.

Assisted numerous clients in preserving and forensically examining work computers of current or former employees to support a claim.

Successfully obtained court orders requiring opponent to comply with the forensic examination of home computers and PDAs, resulting in the discovery of key evidence.

Successfully obtained court order requiring opponent to cease using back-up tape recycling and other losses of electronic evidence during litigation.

Successfully quashed subpoena of non-party to a lawsuit requesting time-consuming and expensive electronic discovery on grounds of burdens and cost.

Successfully used subpoena process of Internet Service Protocols to determine identity of anonymous cyber-smearers and prosecuted them.

Successfully obtained injunction requiring former employee who obtained domain name for employer to transfer domain name back to employer.

Developed e-discovery protocols, retained forensic experts and coordinated production of electronic documents and data for several litigation matters.

Coordinated and developed protocol for identification, imaging and extraction of documents prior to sale of subsidiary. Imaged more than a million documents and extracted thousands of boxes of confidential and proprietary documents.

Professional & Community Activities

Louisville Bar Association Judicial Integrity and Independence Committee, 2022-Present

Member, Trial Law Institute, Litigation Counsel of America™, 2022-present

Member, Diversity Law Institute, Litigation Counsel of America™, 2022-present

Barrister, Order of Veritas, Litigation Counsel of America™, 2022-present

Chair, Louisville Bar Association Litigation Section, 2021

Bulldogs in the Bluegrass, Community Mentor, March 2016 to 2019

Greater Louisville Outstanding Women (GLOW), 2014-2020

LEAD GLI Program, 2013 Charter Member

Leadership Louisville, Ignite Louisville, 2005

Louisville Bar Association Leadership Academy

Former Mayor of Crossgate, Kentucky



U.S. Supreme Court

U.S. Court of Appeals for the Sixth Circuit

U.S. District Court, Western District of Kentucky

U.S. District Court, Eastern District of Kentucky

U.S. District Court, Southern District of Indiana

U.S. District Court, Middle District of Tennessee


Vanderbilt University, J.D., 1998

University of Oregon, B.A., Spanish, 1993

Honors & Awards

  • Kentucky Super Lawyers® 2010 – 2023 in Business Litigation
    • Kentucky Top 50 Attorneys, 2019 – 2023
    • Top 25 Women Attorneys in Kentucky, 2019 – 2023
  • Chambers USA: Selected for inclusion in America’s Leading Lawyers for Business in the area of Litigation: General Commercial, 2021-Present
  • World Trademark Review, Top 1000 Trademark Lawyer Worldwide, 2023
  • Louisville Business First: 20 People to Know in Law, June 2023
  • Litigation Counsel of America™, Fellow, 2021-Present
  • Best Lawyers in America®, Commercial Litigation, 2020-Present
  • Jefferson County Business Court Pilot Project, Committee Member, 2019-Present
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®
  • Benchmark Litigation, the Guide to America’s Leading Litigation Firms and Attorneys, Intellectual Property, 2017-present (litigation star)
  • Louisville Business First’s Forty under 40 Outstanding Young Leader Award, 2003


Jefferson Circuit Court Business Court Updates and Supplements its Rules, August 2023

How the Newly Enacted “Defend Trade Secrets Act” Has Changed the Landscape of Trade Secret Law, Kentucky Bar Association Bench & Bar, March/April 2018

Compelling and Staying Arbitration in Kentucky, Thomson Reuters, Practical Law, September 2017

Check your non-compete agreements in light of Kentucky Supreme Court decision, Louisville Business First, Guest Comment, June 2014

Employers should use restrictive agreements to their benefit, Louisville Business First, June 10, 2011

Ways to Protect Your Company from Unfair Competition, HR Kentucky Newsletter, August 2011

© Gray Ice Higdon 2024 | Privacy Policy