Elizabeth Wolstein joined the firm as a partner in 2011. She is an experienced trial and appellate advocate who focuses on business and financial disputes, government litigation, and appeals. For more than nine years, she served as an Assistant United States Attorney in the Civil Division of the United States Attorney’s Office for the Southern District of New York, including, during her last three years, as Deputy Chief Appellate Attorney. As an Assistant U.S. Attorney she was involved in some of the Office’s most significant cases, including the Enron bankruptcy and the constitutional challenge to the federal partial birth abortion statute, in which she served as lead appellate counsel in the Second Circuit. At the U.S. Attorney’s Office she handled numerous non-jury and jury trials, and in 2005 was awarded the Attorney General’s Distinguished Service Award.
Since returning to private practice, Ms. Wolstein has handled matters in state and federal court, arbitration, and before administrative tribunals involving a variety of subject areas, including securities (with emphasis on auction rate securities and other structured products), the False Claims Act, media and First Amendment, business torts, and real estate and other commercial transactions. She also regularly represents clients in investigations before federal and state law enforcement agencies, including the U.S. Department of Justice and New York State Attorney General’s Office.
HER FINANCIAL AND COMMERCIAL LITIGATIONS HAVE INCLUDED:
•Obtaining award in a FINRA arbitration on behalf of a bankruptcy litigation trustee asserting claims of institutional debtor, a start-up satellite company, for securities fraud and other torts arising out of purchase of auction rate securities by cash management group of major investment bank;
•Representing a large public company in FINRA arbitrations alleging unsuitability, fraud, and other torts arising out of investment banks’ purchase of CDO-backed and other structured auction rate securities;
•Currently defending one of Mexico’s largest sugar companies in Southern District of New York against indemnification claims arising out of a bond indenture;
•Currently representing a minority partner in series of disputes in New York State Supreme Court over management and assets of local real estate partnerships;
•Defending global generic pharmaceutical maker in Vermont state court against claims of misappropriation of trade secrets and unfair competition;
•Representing a group of hedge funds in a Southern District of New York action alleging violation of anti-dilution rights arising out of PIPE transaction.
HER GOVERNMENT LITIGATIONS AND APPEALS HAVE INCLUDED:
•Currently defending closely held internet retailer in False Claims Act action in Eastern District of New York against claims by United States for alleged underpayment of postage on customer mailings;
•Representing large medical practice in parallel criminal and civil fraud investigation in the Southern District of New York;
•Prevailing in a New York State Supreme Court Article 78 proceeding and First Department appeal brought on behalf of independent journalist seeking emails between Mayor Bloomberg’s Office and former Schools Chancellor Cathie Black relating to efforts to build support for Black’s nomination to the post under the Freedom of Information Law;
•Representing an internet blogger in a Second Circuit appeal on First Amendment and other grounds of his conviction for threatening federal appeals court judges by harshly criticizing their gun control ruling in a blog post;
•Winning bid protest before the New York State Comptroller’s Office challenging an award of contract by the Office of Medicaid Inspector General, resulting in the Comptroller’s Office setting aside the contract award.
Ms. Wolstein blogs about decisions of interest from the Eastern District of New York (you can find her at ednyblog.com), and is a member of the Federal Bar Council, the New York State Bar Association, and the New York State Intellectual Property Lawyers Association.
Ms. Wolstein received her B.A. from Yale University in 1987, magna cum laude, and her J.D. from Harvard Law School in 1993, cum laude. At Harvard, she was an editor of the Harvard Law Review. Following law school, Ms. Wolstein clerked for the Honorable James B. Loken of the United States Court of Appeals for the Eighth Circuit. She has also practiced with Kobre & Kim LLP, Kramer Levin Naftalis & Frankel LLP, and Lankler Siffert & Wohl LLP.
