Elizabeth Winters

Elizabeth L. Winters focuses her practice on complex commercial litigation. Prior to joining the firm, Ms. Winters gained experience working as a law clerk in the North Carolina Business Court. Previously, she worked with the firm as a summer associate in 2010 and 2011.

Experience:

• Representing Plaintiff Neusoft Medical Systems, U.S.A., Inc. in a lawsuit involving claims of conversion, violation of the Computer Fraud and Abuse Act, misappropriation of trade secrets, unjust enrichment, and violation of North Carolina’s Unfair and Deceptive Trade Practices Act. The case also has significant issues regarding the enforcement of international arbitration agreements and the relationship between a Chinese medical equipment manufacturer and a U.S. distributor. Neusoft Medical Systems, U.S.A., Inc. v. Neuisys, LLC, et al., Civil Action No. 11-CVS-11405 (Guilford County Superior Court).
• Kilpatrick Townsend currently represents enrolled members of the Comanche, Caddo, Apache, Cherokee, and Kiowa Tribes of Oklahoma, who own an allotment outside of Anadarko, Oklahoma, on which a natural gas pipeline was first constructed in 1980. The easement expired in 2000, yet the pipeline company continued to operate the pipeline for more than 16 years. After being turned away by several other firms, the landowners contacted Kilpatrick Townsend, which agreed to take on their case. After filing an action for trespass, the firm secured a succession of rulings in their favor – including Orders dismissing the natural gas company’s condemnation claims and rejecting arguments to limit the landowners’ damages.
• The firm’s legal team then filed a Motion for Partial Summary Judgment and for a Permanent Injunction, asking that the Court find that the natural gas company was in trespass and order it to remove the pipeline from the landowners’ property. Granting that motion, the Court found that “plaintiffs have objected to the renewal of the easement and defendants’ continued use of the pipeline from the time defendants first sought the renewal of the easement,” and that the natural gas company and its predecessor had failed to comply with any of the federal statutes under which they could have secured a valid easement.
• Therefore, the Court found that “defendants’ continuing trespass on plaintiffs’ property is clearly not unintentional,” granted summary judgment on liability in Plaintiffs’ favor, and entered the following permanent injunction: Defendants are hereby permanently enjoined from using the pipeline under the tract at issue in this case and are hereby required to remove said pipeline within six months of the date of this Order. Damages for the natural gas company’s trespass remain to be determined. Marcia W. Davilla, et al. v. Enable Midstream Partners, L.P., et al., No. 5:2015cv01262 (W.D. Okla. 2016).
• Represented former police officer Bruce Abramski in a successful cert petition and in merits briefing before the U.S. Supreme Court. The case concerned the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to restrict when lawful gun owners can purchase firearms for other lawful gun owners. Abramski was the most prominent gun case of the October 2013 term and drew significant media attention.

Education:

• Wake Forest University School of Law, J.D. (2012) magna cum laude, Order of the Coif, CALI Award
• Wake Forest Law Review, Editorial Staff
• University of Florida, B.A., Criminology (2007)cum laude
• University of Florida, B.S., Psychology (2007)cum laude

Admissions:

• North Carolina (2012)

Court Admissions:

• U.S. District Court – Middle District of North Carolina
• U.S. District Court – Eastern District of North Carolina
• U.S. District Court – Western District of North Carolina

Clerkships:

• North Carolina Business Court – Judge James L. Gale (Aug 2012-Aug 2013)