Ellen Halstead concentrates her practice in the areas of complex commercial disputes, bankruptcy litigation and securities litigation.
Ellen has worked on several pro bono matters at the Firm, including briefing and arguing a criminal appeal in the New York State Supreme Court, Appellate Division, First Department, and conducting depositions for the New York City Law Department. She has given CLE presentations on several topics, including on CDO and CLO litigations, bankruptcy litigations and attorney client privilege. Ellen has also lectured at a seminar at Boston University School of Law.
Ellen received her undergraduate degree from Dartmouth College, and her J.D. summa cum laude from Syracuse University College of Law in 2004, where she was the Form and Accuracy Editor of the Syracuse Law Review. Her law review note was published in Volume 54, Number 1 of the Syracuse Law Review. She is admitted to practice in the State of New York and before the United States District Court for the Southern District of New York.
Ellen has represented and advised clients on a wide range of matters, including litigations and disputes related to CDOs, CLOs, RMBS, loan agreements, offering documents, indentures, collateral management agreements, servicing agreements and swap agreements. Ellen also has significant experience with all types of discovery issues in both federal and state court and has managed and coordinated major e discovery reviews and productions. Representative matters include:
• Currently representing multiple defendants in a civil action where plaintiffs are seeking to recover over $350 million in a dispute concerning indemnification provisions in a stock sale agreement.
• Currently representing a major banking institution in a civil action where plaintiffs have alleged breaches of certain agreements entered into in connection with a chapter 11 bankruptcy.
• Currently representing a senior noteholder in an interpleader action brought by the indenture trustee concerning a dispute over post-event of default distribution provisions in an indenture governing a CDO.
• Currently representing an international banking institution in a civil action seeking to recover over $700 million in losses from the sponsor of a contemplated CLO transaction and its affiliates.
• Represented eight major banking institutions in a federal securities law class action asserting claims under Sections 11 and 12(a)(2) of the Securities Act of 1933 against the underwriters of three securities offerings, aggregating in excess of $3 billion.
Ellen also has been involved in several bankruptcy matters and has significant experience concerning adversary proceedings involving fraudulent conveyances and preferential transfers. Ellen has also argued several motions and contested matters in bankruptcy court. Representative matters include:
• Currently representing Vertis Communications, Inc. and certain affiliates in chapter 11 cases pending in the United States Bankruptcy Court for the District of Delaware.
• Currently representing a major banking institution as creditor in the Lehman bankruptcy and the Lehman Brothers SIPA proceeding, both pending in the United States Bankruptcy Court for the Southern District of New York. In connection with this representation, Ellen has provided advice regarding the liquidation of contracts and trades involving commodities, foreign exchange, interest rate, credit default swaps, and other derivative products under ISDA master agreements and master repurchase agreements.
• Currently representing a major banking institution as prepetition senior secured lender to Fred Leighton Holding, Inc. and certain affiliates in chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York, and as a member of the statutory committee of unsecured creditors in the subsequent chapter 11 case of the debtors' former shareholder.
• Represented LyondellBasell Industries and certain affiliates in its chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York. In connection with this representation, Ellen was involved in many of the litigation matters associated with the bankruptcy, including a fraudulent transfer litigation and litigations concerning complex intercreditor relationships.