Ellison Ward Merkel

Ellison (Nelly) Ward Merkel is an experienced trial lawyer who has achieved successful results for companies across a wide range of industries in bet-the-company litigation.  While her representations have spanned many industries, claims, and jurisdictions, Nelly has honed special expertise in financial services litigation; over the past decade she has represented clients in cases involving well over $10 billion in structured financial products.  From recovering billions in RMBS losses for some of the industry’s largest holders and insurers of such products, to vindicating the Lehman Brothers estate in the wind down of its derivatives portfolio, to challenging the ill-fated effort to manipulate credit default swaps on homebuilder Hovnanian Enterprises, Nelly’s sophisticated understanding of market practice around complex products has allowed her to take apart opposing fact and expert witnesses on the stand, while presenting her clients’ stories at trial in a simple and compelling way.  Nelly has written and presented extensively on the litigation implications of the recent boom in Special Purpose Acquisition Companies (“SPACs”), and is currently advising several clients navigating the relatively untested waters of SPAC litigation.

In addition to her thriving commercial practice, Nelly has also maintained an active pro bono practice, including partnering with the Brennan Center for Justice on several voting rights matters and successfully briefing and arguing an appeal to the United States Court of Appeals for the Second Circuit of an important issue of law under the Individuals with Disabilities in Education Act (IDEA).

Before joining the firm, Nelly clerked for Judge Francis in the United States District Court for the Southern District of New York.  Prior to that, she was the Sinsheimer Fellow at the Partnership for Children’s Rights.