Elizabeth A. N. Haas

Elizabeth A. N. Haas is a partner and litigation attorney with Foley & Lardner LLP, and current vice chair of the firm’s national Antitrust Practice Group. She is also a member of the firm’s national Recruiting Committee and vice chair for the Milwaukee Office Recruiting Committee.

Elizabeth has particular experience in antitrust litigation, including the defense of clients in numerous purported price fixing and market allocation class actions. Her list of such representations is extensive and includes several high-profile antitrust cases, with cases involving claims in excess of $1 billion in damages.

Elizabeth routinely counsels clients on matters related to antitrust and competition. She provides strategic guidance relating to product pricing, pricing issues under the Robinson-Patman Act, joint ventures, collaborations with competitors, participation in trade associations and industry organizations, advertising and marketing, intellectual property, supply chain relationships, e-commerce, product distribution and compliance. In addition, Elizabeth regularly represents corporate clients in all types of business litigation and arbitration, from routine commercial matters to bet-the-company litigation. An experienced litigator, she represents corporate clients involved in sophisticated, high-stakes commercial and financial disputes.

Elizabeth supports clients in several industries, including manufacturing, life sciences, automotive, sports, healthcare and technology. In working with clients, she seeks to understand the business and strategic objectives at issue in order to devise a practical strategy tailored to the client’s individual needs.

Publications

Elizabeth regularly makes significant contributions to the antitrust and litigation field through her publication work. The following publications represent a sampling of her work:

• Co-author, “DOJ and USPTO Revise 2013 Policy Statement on Remedies for Standard Essential Patents,” Foley Insights (March 31, 2020)
• Co-author, “Three Ways Antitrust Enforcement Has Changed Under Coronavirus, and One Way it Has Not,” Foley Insights (March 26, 2020)
• Co-author, “DOJ Antitrust Division Announces New Policy to Incentivize Corporate Compliance,” Foley Insights (September 5, 2019)
• “Business Litigation & Dispute Resolution in Wisconsin – Business Torts Chapter,” Pinnacle Books (2018 and 2020)
• Co-author, “DOJ and FTC Signal Shifts in Antitrust Enforcement of Essential Patent Disputes,” Foley Insights (October 10, 2018)
• Co-author, “Antitrust Scrutiny of No-Poaching Agreements Continues to Pick Up Steam,” Foley Insights (September 24, 2018)
• Co-author, “A Primer: Wisconsin's New Class Action Statute,” Wisconsin Law Journal Volume 91, Number 4 (April 2018)
• Co-author, “Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement,” Foley Insights (April 12, 2018)
• Co-author, “Wisconsin Supreme Court Aligns State Class Action Statute with Fed. R. Civ. P. 23,” Foley Insights (December 22, 2017)
• Co-author, “FTC Advisory Opinion Says Hospital’s Proposed Prescription Program for Affiliated Entity Employees is Exempt from Robinson-Patman Act Price Discrimination Restrictions,” Foley Insights (November 15, 2017)
• Co-author, “Supreme Court Leegin Decision Offers Little Clarity 10 Years Later,” Bloomberg BNA (August 10, 2017)
• Author, “Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification,” Foley Insights (May 1, 2017)
• Co-author, “DOJ and FTC Issue Updated Antitrust Guidelines on the Licensing of Intellectual Property,” Foley Insights (January 20, 2017)
• Co-author, “Spokeo and "No-Injury" Class Actions in Wisconsin Courts,” Foley Insights (October 3, 2016)
• Co-author, “DOJ and FTC Update Antitrust-Intellectual Property Licensing Guidelines,” Foley Insights (September 9, 2016)
• Co-author, “Seventh Circuit Reverses Package Size Promotional Service Decision Under the Robinson-Patman Act,” Foley Insights (August 17, 2016)
• “Indirect Purchaser Litigation Handbook” – Editor in Chief & Project Chair, ABA Publications (2015)
• Co-author, “Court Allows Price Discrimination Lawsuit Over Bulk Sales to Survive,” Foley Insights (February 9, 2015)
• Co-author, “FTC Settles Price-Fixing Charges Against Two Separate Physicians' Groups,” Foley Insights (January 8, 2009)

Speaking Engagements

Elizabeth frequently presents on a range of topics in the areas of antitrust and litigation. The following are a few examples of her presentations:

• ABA Antitrust Law Section, Virtual Spring Meeting – Antitrust Fundamentals (March 2021; May 2020)
• Antitrust Counseling for Trade Associations (December 2020)
• 29th Annual Law of Product Distribution & Franchise Seminar – The Robinson Patman Act: Why It Still Matters (October 2020)
• Madison CLE Days – Nuts and Bolts of Antitrust Law (December 2019)
• 28th Annual Law of Product Distribution & Franchise Seminar – In the Crosshairs: “No Poach” Agreements in Distribution & Franchising (May, September, October 2019)
• International Forum on Franchising Legal Symposium – Just How Far Can a Franchisor Go? Ensuring System-Wide Compliance with Price Promotions (May 2019)
• 27th Annual Law of Product Distribution & Franchise Seminar – Back to Basics: Antitrust Guidelines for Vertical Restraints in Your Distribution Network (May, September, October 2018)
• Annual CLE Week – Antitrust Compliance – What You Need to Know (December 2017)
• Ethics for In-House Lawyers (June 2017)
• Wisconsin Association for Corporate Counsel Annual Conference – Taking Action to Buck Trends in Antitrust Litigation (May 2017)
• 26th Annual Law of Product Distribution & Franchise Seminar: Gearing up for Growth – Resale Price Maintenance and MAP Policies: Where to Draw the Line to Maximize Growth (May, September 2017)
• ABA Antitrust Law Section, Spring Meeting – Avoiding E-Discovery Accidents and Responding to Inevitable Emergencies (March 2017)
• Annual CLE Week – Antitrust Greatest Hits of 2016 (December 2016)
• Annual Law of Product Distribution & Franchise Seminar – Top 10 Antitrust Rules for Dealing with Distributors (May, September 2016)
• Annual Law of Product Distribution & Franchise Seminar – Connecting with Competitors: Antitrust Considerations for Competitor Collaborations (May, September 2015)
• 2014 CLE Week – Antitrust 101: Practical Considerations for Common Antitrust Issues (December 2014)
• Annual Law of Product Distribution & Franchise Seminar – The Robinson-Patman Act & You (May, September 2014)
• Getting It in Gear: Using Your Distribution & Franchise System to Drive Profitability – Breaking News in Antitrust Law: What You Need to Know (May, September 2013)
• National Business Institute – Litigation in the Digital Age (Fall 2013)
• What Every Corporate Counsel Should Know About Antitrust - 2012 Legal Developments and Their Implications for Wisconsin Businesses (December 3, 2012)
• Annual Law of Product Distribution & Franchise Seminar – Antitrust Conspiracy Liability 2012 (May, September 2012)
• National Business Institute – E-Discovery Precautions, Risks and Advice (May 2012)
• 2011 Legal Developments and Their Implications for Wisconsin Businesses – We’ve Been Sued in 20 Different States! Now What? Strategic Considerations for Multi-Forum Litigation, Milwaukee (December 2011)

Recognition

Elizabeth has been included on the 2017 Wisconsin Law Journal list of “Women in the Law,” honoring her willingness to tackle difficult cases, volunteer her time in service to the community and advance the role of women in the legal profession. She was listed by the WLJ as an “Up and Coming Lawyer” (2011) and has been recognized on the Wisconsin Super Lawyers – Rising Stars® list from 2012–2016.

Affiliations

Elizabeth currently serves as a co-chair of the ABA Antitrust Law Section Committee Operations and was previously chair and vice-chair of the Civil Practice and Procedure Committee. She is an active member of the Seventh Circuit Bar Association, the Association for Women Lawyers, and the Milwaukee Bar Association, the latter for which she previously served on the board of directors and was a co-chair of the Civil Litigation Section. Elizabeth also serves on the Local Rules Committee for the United States District Court for the Eastern District of Wisconsin.

Education

Elizabeth received her law degree from the University of Michigan Law School, where she was an associate editor for the Michigan Journal of Gender & Law and the Michigan Telecommunications and Technology Law Review. She graduated from The George Washington University, summa cum laude, with a bachelor’s degree in history, and was elected to Phi Beta Kappa.

Admissions

In addition to the state and federal courts in Wisconsin, Elizabeth is admitted to practice before the Supreme Court of the United States, and the United States Court of Appeals for the Third, Seventh and Eighth Circuits.

Community Engagement

Elizabeth is actively involved in pro bono representation, regularly volunteering her time at the Milwaukee Justice Center at the Milwaukee County Courthouse. She also dedicates significant time to charitable work, including previous service on the board of directors for WBCS, Inc., a nonprofit organization that raises money for breast and prostate cancer research at the Medical College of Wisconsin, and the Women’s Fund of Greater Milwaukee, a nonprofit organization that supports strategic social change initiatives for women and girls.