Elyssa S. Kates

Experience

Specific Representations

• Currently is involved in the investigation and litigation of issues on behalf of the Trustee for the Securities Investor Protection Act liquidation of Bernard L. Madoff Investment Securities LLC.
• Represents the Official Committee of Tort Claimants in the PG&E bankruptcy case, which is the largest privately owned utility in the U.S.
• Represents the plan trustee of a mortgage lending firm on such issues as judgment collection, foreclosure and creditor representation in various bankruptcy cases.
• Involved in the litigation of multiple issues on behalf of an e-commerce technology provider.
• Represented a counterparty to an interest rate swap agreement with various financial service firm debtors.
• Represented creditors and former clients of a former global law firm.
• Represented a global transport and logistics company in an avoidance action brought on behalf of a pharmaceutical company.
• Represented a wealth management firm as noninstitutional secured lenders of entities related to debtors of a privately-held qualified intermediary.
• Represented medical care provider in a contract dispute.
• Represented a vitamin and supplement supplier, a secured creditor of a major pharmaceutical company.
• Represented an administrative creditor and landlord of an air conditioner manufacturer.
• Represented transport and logistics companies, statutory secured creditors of various Las Vegas hotel and casino debtors.
• Represented a statutory creditor in connection with a public improvement project.

Overview of Experience

• Represented national and regional banks in claims involving lender liability, including issues arising under the Truth in Lending Act and the Fair Credit Reporting Act.
• Represented hard money lenders in claims involving loan documentation and securitization, including enforceability of guarantees.
• Counseled commercial financers on matters relating to business lending including working capital and acquisition financing. Representation involved negotiating and litigating over matters concerning term loans, including balloon loans, revolving loans, letters of credit, forbearance, cross-collateralization, acceleration, foreclosure on collateral and collection.
• Counseled banks and litigated claims involving negotiable instruments and Articles 3 and 4 of the Uniform Commercial Code.
• Represented a mortgagee in connection with Alt-A and subprime loans and related bundling issues.
• Counseled a mortgage lender on issues arising from data breaches.
• Represented lenders in connection with regulatory issues, including areas of suspicious activity.
• Represented an issuer in the preparation of placement documents.
• Represented a broker-dealer in litigation stemming from a failed high-yield bond offering.

Community

• Women’s Bar Association of the State of New York, Federal Practice and Awards Committees: Co-Chair
• American Bar Association, Anthony H. N. Schnelling Endowment Fund: Regional Co-Chair