Ellen Halstead concentrates her practice in the areas of complex commercial disputes, bankruptcy litigation and securities litigation.
Ellen has represented and advised clients on a wide range of matters, including litigations and disputes related to CDOs, CLOs, RMBS and other complex financial products, including swaps and derivatives. Ellen has significant experience in litigations and disputes regarding offering documents, indentures, loan agreements, collateral management agreements, servicing agreements and ISDA master swap agreements. Ellen also has extensive experience with all types of discovery issues in both federal and state court, including managing and coordinating major e-discovery matters.
Ellen received her undergraduate degree from Dartmouth College, and her J.D. summa cum laude from Syracuse University College of Law, where she was the Form and Accuracy Editor of the Syracuse Law Review.
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 senior noteholder in an interpleader action brought by the indenture trustee concerning a dispute between different classes of noteholders over distribution provisions in an indenture governing a CDO.
•Represented a major banking institution in a civil action where plaintiffs alleged breaches of certain agreements entered into in connection with a chapter 11 bankruptcy.
•Represented a pharmaceutical company, listed on New York Stock Exchange, against a $6.7 billion hostile takeover attempt.
•Represented an international banking institution in a civil action seeking to recover over $700 million in losses from the hedge fund sponsor of a contemplated CLO transaction and its affiliates.
•Represented a senior noteholder in an interpleader action concerning a dispute over post-event of default distribution provisions in an indenture governing a CDO.
•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 multiple bankruptcy matters and has significant experience concerning adversary proceedings involving fraudulent conveyances and preferential transfers. Representative matters include:
•Currently representing a monoline insurer in connection with the potential restructuring of several billion dollars of debt issued by Puerto Rico and its public agencies.
•Currently representing a major banking institution in the chapter 11 bankruptcy of Texas Competitive Electric Holdings LLC and various affiliates pending in the United States Bankruptcy Court for the District of Delaware. In connection with this representation, Ellen drafted motion papers so that her client could successfully intervene in a New York State Supreme Court litigation and then remove and transfer that litigation to the Bankruptcy Court.
•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 a major banking institution as creditor and interest rate swap counterparty in the chapter 9 bankruptcy of the City of Detroit in the United States Bankruptcy Court for the Eastern District of Michigan. In connection with this representation, Ellen drafted motion papers so that her client could successfully remove and transfer a New York State Supreme Court to the Bankruptcy Court.
•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.
•Represented Vertis Communications, Inc. and certain affiliates in chapter 11 cases pending in the United States Bankruptcy Court for the District of Delaware.
Ellen also has worked on several pro bono matters, including:
•Representing multiple clients in disputes with the New York City Housing Authority.
•Working with the New York City Law Department, representing the City of New York in a series of depositions.
•Briefing and arguing a criminal appeal in the New York State Supreme Court, Appellate Division, First Department.
•Representing a church based in the Lower East Side of Manhattan in a property dispute in New York State Supreme Court.
Ellen has given CLE presentations on several topics, including on CDO and CLO litigations, bankruptcy litigations and attorney-client privilege. Ellen has lectured at a seminar at Boston University School of Law. Ellen has completed deposition and trial practice training programs with the National Institute for Trial Advocacy.
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Mar 27, 2013
• Cadwalader, Wickersham & Taft's Women's Leadership Initiative Launches Housing Clinic in Partnership with The Legal Aid Society
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Clients & Friends Memos
• Delaware Bankruptcy Court Rules TCEH First Lien Distributions Are Governed by the Bankruptcy Code, Not by Intercreditor Agreement Waterfall
Mar 21, 2016
• TCEH Bankruptcy: SDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor Dispute to Delaware Bankruptcy Court, Reaffirming Broad View of Bankruptcy Jurisdiction
Nov 05, 2015