Ellen focuses her practice on securities litigation, including shareholder class actions and opt-outs, business disputes, investigations, and crisis management. She has experience advising clients in all stages of litigation, including pre-litigation counseling and negotiations, taking and defending depositions, drafting dispositive briefs and other filings, as well as assisting clients through the appeals process. She also has significant experience 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 individuals 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.
Experience
Securities Litigation
- 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 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 CEO of software company against federal securities claims brought by the U.S. Securities and Exchange Commission concerning milestone payments related to a merger. Achieved favorable settlement for client.
- 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 numerous public companies in connection with shareholder demands.
White Collar
- Represented numerous executives in internal, SEC, FINRA, and DOJ investigations.
- Represented numerous biotechnology companies in FINRA investigations.
- Represented numerous biotechnology, life science, and wellness companies in SEC investigations.
- Represented individual in university-led investigation into, inter alia, allegations of research misconduct and fraudulent statements.
- Conducted internal investigation of private equity-owned portfolio company, assessing whistleblower’s pay-for-play allegations.
- Conducted internal investigation of start-up, assessing potential violations of various federal and state laws.
Business Disputes
- Represented members of an asset management company in dispute concerning put option and redemption rights in ICDR arbitration. Achieved favorable settlement for clients.
- Represented private equity investor in pre-litigation business dispute with former CEO of wellness-space portfolio company.
- Represented funds in business dispute concerning alleged trademark violation and breach of non-disclosure agreement. Achieved favorable settlement for clients.
- 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 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.
Case Studies
Case Study
viewpoints
Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings
December 15, 2023 | Advisory | By John Condon, Anne Bruno, Melanie Ruthrauff Levy, Jacob Hupart, Cynthia Larose, Breton Leone-Quick, Page R. Hubben, Ellen Shapiro
Public companies need to consider regulatory, legal, market, and ESG-related developments in preparing for their fiscal year-end filings with the SEC and their annual shareholder meetings. In an in-depth memorandum, Mintz attorneys discuss the SEC’s new cybersecurity disclosure rule, recent trends in reverse stock splits, and the SEC’s disclosure requirements for Rule 10b5-1 trading plans and insider trading policies, and other emerging issues affecting public companies.
A Mintz ESG Primer: The Current State of Environmental, Social, and Governance Matters in American Corporations
October 24, 2023 | Resources
The Mintz ESG Working Group created an in-depth primer covering the current landscape of ESG issues businesses are typically confronting. Our attorneys examine a broad spectrum of topics, including the polarization of rulemaking on the state and local levels, regulation and enforcement trends, and DEI policies, to help companies effectively navigate the ESG landscape.
New ESG Requirements for Banks that Hold Public Funds May Raise Challenging Compliance Issues
June 29, 2023 | Blog | By Keith Kollmeyer, Jacob Hupart, Ellen Shapiro
Much ink has been spilled about ESG laws and regulations targeted at the investment of public funds, and rightfully so. Yet, there has been little discussion of novel requirements imposed on banks that simply hold state or local funds as depository institutions.
The Supreme Court Solidifies the Securities Act’s Tracing Requirement For Section 11 Plaintiffs
June 9, 2023 | Blog | By Doug Baumstein, Jason Vigna, Ellen Shapiro, Aaron R. Megar
Last week, the U.S. Supreme Court solidified the “tracing” requirement for private plaintiffs to be able to assert Section 11 claims pursuant to the Securities Act of 1933, holding that plaintiffs asserting such securities fraud claims must show that they own stock that was issued pursuant to an allegedly misleading registration statement—even though such tracing may be impossible in the context of a direct listing. In effect, the decision likely protects future direct listings from Section 11 liability so long as the direct listing does not involve a “lock-up period” pursuant to which unregistered and registered shares enter the market at different times.
District Courts Will Hear Constitutional Challenges to SEC and FTC Admin Courts
April 19, 2023 | Blog | By Ellen Shapiro
Last week, the U.S. Supreme Court paved a path for petitioners to assert constitutional challenges to the structure of U.S. Securities and Exchange Commission (“SEC”) and U.S. Federal Trade Commission (“FTC”) administrative hearings in federal courts.
Navigating Fiduciary Duties amidst the Rise of Anti-ESG Rulemaking
February 15, 2023 | Blog | By Doug Baumstein, Jacob Hupart, Will G. McKitterick, Ellen Shapiro
In recent years, companies and investment managers have increasingly considered environmental, social, and governance (“ESG”) issues in corporate strategy and decision-making, whether in response to investor pressure or due to self-imposed changes via internal processes. Indeed, a market has developed for ESG-compliant investments over the past few years. And while ESG-focused investing is more popular than ever, the topic has become increasingly politically fraught.
Caremark Liability Following the SEC’s New ESG Reporting Requirements
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
Crypto litigation, fueled by a surge of investors and market volatility, has ballooned in recent years. For example, numerous securities class actions and government subpoenas followed the May 2022 collapse of the $60 billion Terra network, along with stablecoin TerraUSD and the LUNA token.
Opening the Door to the New Beginning
January 10, 2022 | Article
News & Press
Mintz Announces New Members
December 20, 2024
Mintz announces the election of eight attorneys to Members, effective January 1, 2025. The newly promoted Members join the ranks of the firm’s growing membership, including six new lateral Members who joined the firm in 2024.
Mintz Recovers Over $400M for Institutional Investor Clients in 2024
November 14, 2024
Mintz's Institutional Investor Class Action Recovery Practice has recovered $400 million for institutional investor clients in 2024 and expects projects for recoveries exceeding $500 million by year end.
Mintz Serves as Expert Contributor to University of Oxford Report on Climate Regulations
November 13, 2024
Mintz is one of two US law firms invited by Oxford University to serve as an expert pro bono contributor to its Climate Policy Monitor, an annual report on global climate regulations which launched today. Including a granular survey of 30 major countries’ net zero implementation (G20+), the research gives the most detailed view yet of how economic rules align—or not—to climate goals.
Twenty-seven Mintz Attorneys Recognized as 2024 New York Super Lawyers and Rising Stars
October 28, 2024
Mintz is pleased to announce that 15 attorneys have been named New York Metro Super Lawyers and 12 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2024.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
Twenty-nine Mintz Attorneys Named to 2023 New York Metro Super Lawyers List
September 22, 2023
NEW YORK – Mintz is pleased to announce that 18 attorneys have been named New York Metro Super Lawyers and 11 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2023.
Member Jacob Hupart and Associate Ellen Shapiro co-authored an article published by the American Bar Association discussing ESG and securities litigation.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
ESG Mandates For Banks May Bring Compliance Challenges
August 2, 2023
Members Keith Kollmeyer and Jacob Hupart and Associate Ellen Shapiro co-authored an article published by Law360 analyzing the implications of ESG mandates for banks.
OpEd: Navigating Fiduciary Duties Amid The Rise Of Anti-ESG Rulemaking
February 14, 2023
Members Douglas P. Baumstein, Jacob H. Hupart and Associates Will G. McKitterick and Ellen Shapiro authored an article for The Deal discussing divides amongst state legislations regarding the implementation of ESG factors in investment decisions.
'Caremark' Liability Following The SEC's New ESG Reporting Requirements
December 15, 2022
Members Douglas P. Baumstein, Jacob H. Hupart, and Securities & Capital Markets Chair and Life Sciences Co-Chair Jonathan L. Kravetz, and Associates Will G. McKitterick and Ellen Shapiro authored an article for the New York Law Journal analyzing the role corporate boards play in monitoring and overseeing a company's operations, particularly in light of the SEC's imminent ESG disclosure rules.
Twenty-six Mintz Attorneys Recognized as 2022 New York Super Lawyers and Rising Stars
September 29, 2022
17 Mintz attorneys have been named New York Metro Super Lawyers and nine Mintz attorneys have been named New York Metro Rising Stars by Super Lawyers for 2022.
Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.
Fraud in Cryptocurrency, and How the SEC Is Applying Federal Securities Laws to Stop It
March 7, 2019
Events & Speaking
Cutting Edge Topics in Private Securities Litigation
Federal Bar Council
Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York 10001-8602
Recent Trends in Securities Litigation: What You Need to Know for 2021 and Beyond
Federal Bar Council
Virtual
The Experts on Expert Witnesses: Working with Expert Witnesses from Disclosure through Trial
Federal Bar Council
Virtual
Recognition & Awards
Best Lawyers in America "Ones to Watch": Litigation - Securities (2022-2025)
Best Lawyers in America "Ones to Watch": Commercial Litigation (2024-2025)
New York Super Lawyers - Rising Stars (2022 - 2024)
Involvement
- Federal Bar Council, Program Committee, member
Recent Insights
Mintz announces the election of eight attorneys to Members, effective January 1, 2025. The newly promoted Members join the ranks of the firm’s growing membership, including six new lateral Members who joined the firm in 2024.
Mintz's Institutional Investor Class Action Recovery Practice has recovered $400 million for institutional investor clients in 2024 and expects projects for recoveries exceeding $500 million by year end.
Mintz is one of two US law firms invited by Oxford University to serve as an expert pro bono contributor to its Climate Policy Monitor, an annual report on global climate regulations which launched today. Including a granular survey of 30 major countries’ net zero implementation (G20+), the research gives the most detailed view yet of how economic rules align—or not—to climate goals.
