Skip to main content

Ellen Shapiro

Associate

[email protected]

+1.212.692.6208

Share:

Ellen is a senior associate who 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.
Read less

Case Studies

XpresSpa Case Study Hero Case Study
Mintz represented XpresSpa Group, Inc. before the Second Circuit Court on appeal from the SDNY. Appellants sought to overturn the SDNY decision granting XpresSpa summary judgment and an earlier decision dismissing all of the appellants’ state law claims.
Read less

viewpoints

Opening the Door to the New Beginning

January 10, 2022 | Article

In a multistage pro bono engagement, Mintz represented a young man who fled gang violence in Ecuador in detention hearings after he entered the United States, then helped him obtain state court findings supporting a petition to USCIS for permission to remain in the country in the custody of an aunt.
Read more
In a scathing decision by the United States District Court for the Southern District of New York, the Court denied class certification of the Allergan securities class action (“Allergan”). See In re Allergan PLC Sec. Litig., 2020 U.S. Dist. LEXIS 179371 (S.D.N.Y Sept. 29, 2020).
Read more
The August 20, 2020 decision in In re: Volkswagen “Clean Diesel” Mktg., Sales Practices, and Prods. Liab. Litig., MDL No. 2672 CRB (JSC) by the United States District Court for the Northern District of California (“the Opinion”), dismissing a significant portion of the SEC’s federal securities claims against Volkswagen as having been previously released by the DOJ, serves as an important reminder for why such coordination is important and how defendants may take advantage of the failure to coordinate, as did Volkswagen.
Read more
In ruling on Defendants’ motion to dismiss in the FX Opt-Outs Action, Judge Schofield narrowed the antitrust claims, denied dismissal on the basis of forum non conveniens, and denied dismissal of the unjust enrichment claim.
Read more
On March 18, 2020, the Delaware Supreme Court (the “Court”) issued a groundbreaking decision reversing the Delaware Court of Chancery’s December 2019 ruling in Sciabacucchi v. Salzberg, 2018 Del. Ch. LEXIS 578 (Del. Ch. Dec. 19, 2018), and holding that charter provisions adopted by public companies that designate a federal forum for securities claims brought pursuant to the Securities Act of 1933 (“Federal Forum Provisions”) are valid and enforceable.
Read more
Recently, the United States District Court for the Central District of California denied the defendants’ motion to dismiss the Second Amended Complaint (“Amended Complaint”) filed in the Toshiba securities litigation. As we previously wrote, in 2016, the district court dismissed the case, holding both that transactions in Toshiba’s unsponsored American Depositary Receipts (ADRs) are not “domestic” transactions as required by Morrison, and also that the plaintiffs’ Japanese law claims must be dismissed due to comity concerns and on forum non conveniens grounds. (link to prior blog). Then, in 2018, the Ninth Circuit reversed this decision, holding that Toshiba ADR trades are domestic, and allowed the defendants to file the Amended Complaint asserting more specific allegations about Toshiba’s connection to the ADR trades. (link to blog on 9th Circuit opinion).
Read more
On November 1, 2019, the United States Court of Appeals for the Second Circuit issued a summary order rejecting the appeal of an objector to the Foreign Exchange Antitrust Settlement. A few weeks earlier, U.S. District Court Judge Schofield had denied a motion filed by the objector and class counsel seeking an “indicative ruling” on their combined motion for approval of an agreement that would have ended the appeal. These two decision clear the way for the remaining distribution from the settlement fund, which totaled over $2.3 billion dollars.
Read more
Last week, the district court entered an order, granting CalSTRS’ motion for intervention for the limited purpose of tolling the statute of repose. While there is no longer a risk that the complaint will be dismissed (the vast majority of Plaintiffs’ claims have since survived dismissal), CalSTRS has successfully preserved its right to opt out if a class is certified. Allowing CalSTRS (and others) to use motions to intervene to toll the statute of repose rather than forcing such putative class members to choose to forego their rights or file their own opt-out action may preserve resources and encourage efficiency of the courts.
Read more
Read less

News & Press

Press Release Thumbnail Mintz

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. 

Press Release Thumbnail Mintz

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.

Press Release Thumbnail Mintz

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.

Press Release Thumbnail Mintz

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.

Press Release Thumbnail Mintz

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.

News Thumbnail Mintz

Member Jacob Hupart and Associate Ellen Shapiro co-authored an article published by the American Bar Association discussing ESG and securities litigation.

Press Release Thumbnail Mintz

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©.

News Thumbnail Mintz

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.

News Thumbnail Mintz

Members Douglas P. BaumsteinJacob 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.

News Thumbnail Mintz

Members Douglas P. BaumsteinJacob 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.

Press Release Thumbnail Mintz

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.

Press Release Thumbnail Mintz

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.

This New York Law Journal outside analysis column discusses the rapidly growing cryptocurrency space and how multiple federal and state agencies are trying to regulate these evolving markets. The column is authored by Mintz Members David Siegal and Jason Halperin. Associates Ellen Shapiro and Matthew Novian assisted in the preparation of this column.
Read less

Events & Speaking

Mar
2
2023

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

Event Reference Image
Read less

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)

Read less

Involvement

  • Federal Bar Council, Program Committee, member
Read less