Ellen is a senior associate who focuses her practice on securities litigation, including shareholder class actions and opt-outs thereto, business disputes, investigations, and crisis management. She has experience taking and defending depositions, drafting briefs and other filings, as well as representing clients in internal investigations and interfacing with various government entities including the U.S. Department of Justice and the U.S. Securities and Exchange Commission. Ellen has represented companies and individuals in a variety of industries, including life sciences and financial services.
Ellen also has an active pro bono practice. To date, she has successfully represented an individual seeking asylum, a Section 8 tenant facing eviction, and a domestic violence shelter.
Prior to joining Mintz, Ellen was a litigation associate at a leading global law firm’s New York headquarters, where she worked on securities litigation and complex commercial cases, including for Fortune 500 companies.
While attending law school, Ellen was a legal intern for a New York-based civil rights lawyer, focusing on First Amendment matters and other issues. She also served on the executive board and as a submissions editor for the Harvard Journal of Law & Gender and as a primary editor for the Harvard Human Rights Journal.
- Represented a large multinational operator of membership warehouse clubs, and its former executives, securing dismissal of all claims pursuant to the Securities Exchange Act of 1934 arising from allegations that the company misled the public about its performance, among other alleged missteps.
- Represented wellness company and its board members, securing summary judgment, dismissing all federal securities claims pursuant to the Securities Exchange Act of 1934 and the Securities Act of 1933, as well as a breach of contract claim, arising from merger. Summary judgment affirmed by the Second Circuit.
- Represented wellness company and its board members, securing dismissal of all federal securities claims pursuant to the Securities Exchange Act of 1934, breach of contract, and common law fraud claims arising from merger.
- Represented a boutique investment bank focused on clean energy deals in a commercial dispute in an AAA arbitration. The matter was settled favorably on behalf of the client in mediation.
- Represented pharmaceutical company and its executives, securing dismissal of all federal securities claims pursuant to the Securities Exchange Act of 1934 and Securities Act 1933, as well as common law claims, in connection with statements concerning pipeline drug. Dismissal affirmed by the Second Circuit.
- Represented financial firm and its executives against Securities Exchange Act of 1934 and Securities Act of 1933 claims in opt-out actions across the country arising out of the 2008 financial crisis.
- Represented board member of public company, securing dismissal of fraudulent inducement claim brought by a shareholder. Dismissal and denial of post-judgment amendment affirmed by the Second Circuit.
- Represented pharmaceutical company against breach of contract claim concerning contingent value right milestones.
December 16, 2022 | Blog | By Jacob Hupart, Doug Baumstein, Jonathan L. Kravetz, Ellen Shapiro, Will G. McKitterick
“We lost. Sorry everyone”: The Implications of a District Court Finding Digital Token, LBC, Is a Security
November 21, 2022 | Blog | By Ellen Shapiro, Will G. McKitterick, Sofia Nuño
January 10, 2022 | Article
SCOTUS Finds While Defendants Carry the Burden of Proof in Overcoming Basic’s Presumption of Reliance, Defendants May Address the Generic-Nature of Alleged Misstatements at the Class Certification Stage
June 23, 2021 | Blog | By Patrick E. McDonough, Ellen Shapiro
June 22, 2021 | Blog | By Jacob Hupart, Ellen Shapiro
Two Isn’t Always Better Than One: SDNY Denies Class Certification Where Lead Plaintiff Hired Two Firms
October 21, 2020 | Blog | By Ellen Shapiro
September 10, 2020 | Blog | By Ellen Shapiro
When A Relationship Is Insufficient: Opting Out of the FX Antitrust Class Action Requires Clear Indication
July 9, 2020 | Blog | By Ellen Shapiro
Supreme Court of Delaware Overturns Court of Chancery, Allowing Corporations To Enact Federal Forum Provisions to Keep Securities Act Claims In Federal Court
March 20, 2020 | Blog | By John Sylvia, Patrick E. McDonough, Ellen Shapiro
Federal Court Denies Toshiba’s Motion to Dismiss, Allowing Exchange Act Claims Covering Transactions in Unsponsored ADS to Proceed Alongside Japanese Law Claims Covering Common Shares
February 19, 2020 | Blog | By Joel Rothman
News & Press
December 15, 2022
September 29, 2022
March 7, 2019
Recognition & Awards
- New York Super Lawyers - Rising Stars (2022)
- Best Lawyers in America "Ones to Watch": Litigation - Securities (2022-2023)
- Federal Bar Council, Program Committee, member