Class Action Defense
Corporate & Financial Services Litigation & Regulation
International Dispute Resolution
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. Court of Appeals, 2nd Circuit
Harvard Law School - J.D.
Swarthmore College - B.A., cum laude
Ellen Holloman is a partner in Cadwalader’s Global Litigation Group. She focuses her practice on representing financial institutions, corporations and individuals in regulatory enforcement proceedings, corporate internal investigations and related civil litigation. She has significant experience in securities class action litigation and in representing clients in corporate governance matters, contract and post-acquisition disputes, and employment-related claims, including for enforcement of non-compete, non-disclosure and confidentiality agreements. She also frequently handles litigation arising from bankruptcy and financial restructuring matters, and has represented creditors and secured and unsecured debtors in complex Chapter 11 bankruptcy cases and out-of-court restructurings across a wide range of industries, including financial services, energy, shipping, licensing and apparel.
Ellen has represented clients as plaintiffs and defendants in federal and state courts and in arbitrations around the world. She has first and second chair trial experience, and has argued motions in federal and state court, and participated in over one hundred depositions. Recently, she served as lead litigation counsel on behalf of a debtor licensing company in a three week trial that resulted in findings of fraud, breach of fiduciary duty, breach of contract, aiding and abetting and unjust enrichment against the former principal of the debtor and a publicly-held company.
Ellen has extensive experience with cross border civil litigation and international law enforcement, including obtaining overseas discovery under the Hague Convention and investigations under the Foreign Corrupt Practices Act. She also has experience with Constitutional law matters, particularly First Amendment jurisprudence.
In addition to her civil litigation experience, Ellen also has significant experience with white-collar criminal defense matters, and has represented clients responding to regulatory inquires, requests and enforcement proceedings initiated by the U.S. Department of Justice, Securities and Exchange Commission, Federal Trade Commission, Federal Reserve, Federal Energy Regulatory Commission, National Association of Securities Dealers, FINRA, Internal Revenue Service, the Office of the New York State Attorney General, New York Stock Exchange, European Commission, and the UK Serious Frauds Office, among others.
Ellen is active in pro bono engagements. Recently, she obtained a full pardon for a Vietnam War-era veteran, who overcame a 30-year period of addiction and homelessness, only to find that a decades-old felony conviction—for “trespassing” while sheltering in an abandoned building in the New England winter—was an obstacle to obtaining gainful employment. Working with the NAACP’s Legal Defense Fund, Ellen authored an amicus curiae brief on behalf of several elite private research universities in Fisher v. University of Texas. Her work was cited by the Court. She also has served as amicus counsel for a citizens tax advocacy group in a challenge to the New York State property tax system. The New York City Bar Association awarded her the Thurgood Marshall Award in recognition of her public service to post-conviction inmates who are under sentence of capital punishment.
Ellen serves on the Board of Trustees for the Center for Employment Opportunities, a non-profit organization dedicated to assisting men and women with criminal convictions with finding employment. She is a member of the Governance and Audit Committees. She also serves on the Board of the New York Lawyers for the Public Interest, and is a member of the Development Committee. She is a soror of the Alpha Kappa Alpha sorority.
Prior to joining Cadwalader, Ellen was an associate in the Litigation Department in the New York and London offices of Sullivan & Cromwell LLP and a partner in a New York law firm with an active trial practice in state and federal courts.
- Representing insurer in restructuring proceedings and related litigation under Title III of The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
- Representing activist investor fund in acquisition of an 8% stake in publicly held company and proxy contest seeking to elect three directors to the board.
- Representing largest investor in one of the world’s largest offshore drilling companies seeking to restructure over $8 billion in debt in chapter 11 proceedings.
- Represented activist investor fund in acquisition of a 6% stake in publicly held company and proxy contest seeking to elect 10 directors to the board.
- Representing citizens tax advocacy group, as amicus curiae, in litigation in New York state court challenging constitutionality of New York State tax code.
- Representing structured finance industry advocacy group, as amicus curiae, in litigation in Delaware Chancery Court related to consent decree proposed by Consumer Financial Protection Bureau.
- Representing recycling incentives company in general corporate and litigation matters, including contract disputes with private and municipal counterparties.
- Representing pro bono a graduate student escaping LGBTQ+ persecution in her home country and seeking asylum in the United States.
- Represented debtor mortgage securities holding company in complex chapter 11 reorganization proceedings that included the settlement of outstanding multi-million dollar class action litigation, restructuring of $84 million senior note obligations, and acquisition during the proceedings of a new business that restored the debtor to profitability (deal was awarded Distressed M&A Deal of the Year ($10MM to $25MM) by M&A Advisor in 2017).
- Represented men’s active wear clothing designer in licensing dispute with licensee for athleisure clothing line.
- Represented electronic company and leading global provider of microwave tubes and other complex products and components in enforcing non-compete and confidentiality agreements with former employees and various corporate and general litigation matters.
- Represented start up technology and software companies in related SEC investigations.
- Represented Swiss investment bank in connection with customer lawsuit over broken trade.
- Represented sellers of organic candy company in post-M&A dispute with buyers.
- Represented and won absolute pardon for Vietnam War-era veteran for decades-old trespassing conviction arising from his seeking shelter in an abandoned building, while homeless and during winter.
- Represented amicus curiae—private research universities focused on STEM fields—in Fisher v. University of Texas; brief was cited by the Court in its decision.
- Represented Japanese commercial and investment bank in enforcing noncompete and confidentiality agreement against former employees.
- Represented Australian pharmaceutical company in class action securities litigation and related bankruptcy proceedings brought by shareholder alleging fraudulent statements and omissions in connection with FDA approval.
- Represented partner in New York State LLC dissolution proceedings.
- Represented construction company in dispute with labor union over dues audit.
- Represented hospital and research center in dispute with investor regarding removal of restrictive legend on share certificates.
- Represented technology company in fee dispute with former law firm.
- Won dismissal on behalf of a California-based Internet company of federal lawsuit alleging trademark infringement, unfair competition and false designation; case has precedential value for “spectrum of interactivity” analysis being developed by the courts of the Southern District of New York to assess whether personal jurisdiction can lie on the basis of website’s accessibility in New York.
- Won a temporary restraining order in New York state court to block the imminent termination of a $50 million hotel franchise and prevent default on a $35 million mortgage. After partially settling the lawsuit, represented the franchise in its subsequent re-branding of the hotel to a new flag.
- Represented shareholder in books and records demand under Section 220 of the Delaware General Corporation Law, brought in Delaware Chancery Court.
- Represented directors in books and records demand under Section 220 of the Delaware General Corporation Law, brought in Delaware Chancery Court.
- Represented shareholder in Nevada state court in connection with lawsuit to compel corporation to hold an annual meeting and for declaratory and injunctive relief with respect to corporation’s unlawful bylaws.
- Represented investment fund in FINRA arbitration proceedings against prime and executing brokers concerning a share buy-in on foreign exchange.
- Represented a licensor prosecuting claims against licensee for breach of exclusive licensing agreement for U.S. and European rights to Japanese anime in expedited trial.
- Represented kitchen and homeware company in state and bankruptcy court litigations and arbitration proceedings following company’s acquisition of the Mikasa brand from French company.
- Represented shareholder in summary proceeding under Section 225 of the Delaware General Corporate Law to determine the composition of the board of directors of company, brought in Delaware Chancery Court.
- Represented broker-dealer and financial advisor in connection with FINRA examination concerning offerings of securities of Chinese companies and advisory services provided to those companies.
- Represented shareholders in dispute with chairman and CEO of defense contractor concerning wrongful redemption of shareholders’ investment.
- Represented an investment bank in state-court lawsuit brought by creditors' committee to bankrupt issuer, alleging fraud and breaches of fiduciary duty.
- Represented an investment bank in federal investigations and concurrent class action lawsuits in connection with underwriting and initial public offering practices, considered one of the largest securities class actions in history.
- Represented financial institution in connection with counterterrorism/OFAC investigation.
- Represented an investment bank in connection with grand jury proceedings arising from DOJ investigation into Internet-gambling-related transactions.
- Represented foreign-based manufacturer in connection with SEC investigations of transactions made with Iraqi Oil Ministry under the United Nations Oil for Food Program.
- Represented foreign-based manufacturer in connection with DOJ economic espionage investigation.
- Represented insurance company in state and federal First Amendment challenges to NY state insurance regulations.
- Represented Georgia, Florida and Texas inmates in post-conviction capital punishment proceedings.