Meredith Elkins is an associate in the New York office of McKool Smith. She focuses her practice on insurance coverage, commercial, and intellectual property litigation. Meredith has represented clients at every phase of litigation, including trial and appeal. After joining the firm, Meredith served on secondment at Ericsson, coordinating discovery efforts for multiple complex patent infringement actions. Most recently, Meredith represented Halliburton in securing a take-nothing defense verdict following a two-week trade secret and patent infringement jury trial in Houston, Texas.
While attending law school, Meredith was an editor of the Texas Intellectual Property Law Journal, a student lawyer for the Children’s Rights Clinic, and a judicial intern for the Honorable Lee Yeakel, U.S. District Judge for the Western District of Texas. She was named Best Oral Advocate in the Championship Round at the 2012 Judge John R. Brown Admiralty Moot Court competition. In 2013, Meredith was inducted into the University of Texas chapter of the Order of Barristers. She was also a member of the University of Southern California Mock Trial Team as an undergraduate.
- TIAA-CREF v. Illinois National Insurance Company, et al. Member of the trial team that won a substantial verdict in a Wilmington, Delaware, jury trial against several insurers that denied coverage for TIAA-CREF following class actions resulting from TIAA-CREF’s software implementation effort. Obtained a landmark decision from President Judge Jan Jurden granting summary judgment to TIAA-CREF on October 20, 2016, finding that a civil settlement of a lawsuit involving claims for disgorgement was an insurable loss under New York law, see 2016 WL 6534271 (Del. Super. Oct. 20, 2016), and secured a verdict on December 12, 2016, after a six-day jury trial, finding that one insurer waived its consent to settle defense and that TIAA-CREF was entitled to recover 100 percent of its defense costs as reasonable and necessary. The decision was affirmed by the Delaware Supreme Court on July 30, 2018.
- AR Capital. Representation of AR Capital and several of its officers and directors in connection with their claim for $80 million in insurance coverage and indemnity for the defense of class action lawsuits, opt out actions, and several governmental investigations. The underlying suits and investigations stem from a restatement of the financial statements of VEREIT, Inc. for the period during which AR Capital provided management services to VEREIT. The case raises several cutting-edge issues in the area of insurance coverage for directors, officers and other additional insureds under various forms of management liability policies. Among the most important of those is ensuring equality of additional insureds’ access to finite coverage assets where the named insured’s continuing business relationships with the carriers provides insurers with an economic incentive to the favor the interests of that original named insured.
Legacy Separators and Guy Morrison, III v. Halliburton Energy Services, Inc., et al. Won a take nothing verdict in favor of Halliburton in a two-week jury trial in Houston Federal Court in a theft of trade secret, fraud, and patent infringement case.
- Ericsson Inc. Represented Ericsson in multiple patent infringement actions involving wireless products in the Eastern District of Texas and in the ITC.
- Canyon Ridge Resort LLC et al. v. Sterne Agee & Leach Inc. et al. Representing a hotel development firm against an investment bank for fraud, breach of fiduciary duty, and breach of contract.
- Deere & Company v. Duroc LLC, Alamo Group Inc., Bush Hog Inc., et al. Represented Alamo Group Inc. and Bush Hog Inc. in defense of a patent infringement claim brought by Deere & Company in Iowa federal court. After a trial of approximately three weeks, the jury returned a favorable verdict, finding no infringement and invalidating the patent at issue.
Community & Professional Activities
- Patrick E. Higginbotham Inn of Court
- Dallas Association of Young Lawyers
- Junior League of Dallas
Media & Events
- Media Coverage: McKool Smith Secures PTAB Trial Win for Albritton Against Acclarent in Surgical Patent Dispute07.16.2018
- Bloomberg report: "Canyon Ridge lawsuit ends after four years and millions in payments to developer"07.07.2015
- Delaware Supreme Court Affirms McKool Smith’s $40 Million+ Coverage Win for TIAA – Rules Settlement of Civil Disgorgement Claims Insurable Under New York Law07.31.2018
J.D., The University of Texas School of Law, 2013
B.A., cum laude, Public Relations, University of Southern California, 2010
- State of Texas
- State of New York
- The U.S. District Courts for the Northern, Eastern, and Southern Districts of Texas
- The U.S. Court of Appeals for the Federal Circuit