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Ann-Elizabeth Ostrager

Partner

Ann-Elizabeth Ostrager

Partner
New York +1-212-558-7357 +1-212-558-7357 +1-212-291-9552 +1-212-291-9552
[email protected]
Ann-Elizabeth Ostrager is a partner in S&C’s Litigation Group, a member of the Firm’s Criminal Defense and Investigations Group and co-head of the Labor and Employment Law Group. Ms. Ostrager has a diverse practice, which includes regulatory and internal investigations, employment litigation, securities litigation, and representations of a number of individuals in criminal matters.  Her clients include Goldman Sachs, JPMorgan Chase, UBS and Volkswagen, among others.

Ms. Ostrager clerked for the Honorable Dennis Jacobs and the Honorable Richard C. Wesley, both of the United States Court of Appeals for the Second Circuit.

Selected Representations
  • Goldman Sachs in class action accusing the bank of discriminating against more than 3,400 women in pay and promotions
  • Kinross Gold in its favorable settlement with the SEC stemming from an FCPA investigation arising from the company’s activities in West Africa, as well as in a parallel investigation by the DOJ, which closed its investigation and declined to pursue charges
  • A global bank in an ongoing criminal investigation conducted by the DOJ concerning compliance with U.S. anti‐money laundering and other applicable laws. The investigation is focused on the bank’s correspondent banking relationships with certain financial institutions headquartered in the Middle East
  • A global financial institution in connection with a civil investigation led by the U.S. Attorney’s Office for the District of Massachusetts into the client’s arrangement and administration of a syndicated loan to a healthcare diagnostics company
  • The former CEO of SBM Offshore in criminal investigations in the United States, Brazil, and the Netherlands related to alleged corruption in Brazil, Angola, Equatorial Guinea and other countries
  • W2007 Grace Acquisition I, Inc., a Goldman Sachs-affiliated real estate investment vehicle, in successfully securing the dismissal, upheld on appeal, in a suit brought by its former preferred shareholders alleging breach of the stock purchase agreements, breach of the duty of good faith and fair dealing and 10 separate fraud-based claims
  • A major energy company in a securities fraud case
  • An internal investigation of alleged gender pay discrimination and retaliation
  • A major financial institution in a securities and bankruptcy litigation, which followed a DOJ investigation that was successfully resolved without any action against her client
  • A financial and bank holding company in an arbitration involving executive pay
  • A private investment firm in SEC and DOJ insider trading investigations
  • An individual in an insider trading prosecution
  • The principal of a trading company, in a landmark case, the first-ever criminal prosecution alleging a violation of the “anti-spoofing” provision of the Commodity Exchange Act. In advance of trial, S&C advanced constitutional and other arguments in support of a motion to dismiss the indictment, and then litigated the case at trial
  • Employment advice to clients from a wide range of industries, including the beverage, real estate and technology sectors
  • Global financial institutions in separate fraudulent conveyance and Article 78 actions in New York State court against MBIA Inc. and its subsidiaries challenging their 2009 multi-billion dollar restructuring
 
Recent Recognitions
  • New York Law Journal - Rising Star (2019)
  • International Financial Law Review - Euromoney Legal Media Group Rising Star: Best in White Collar Crime (2019 finalist) and Best in Labor & Employment (2018 finalist)

Recent Publications
  • Co-authored the article “Employers’ Guide to Return-to-Work Considerations During the COVID-19 Outbreak” for Reuters Westlaw (April 2020)
  • Co-recorded the S&C Critical Insights podcast “Return-To-Work Considerations For Employers Following COVID-19” (April 2020)
  • Co-recorded the S&C Critical Insights podcast “The Impact of COVID-19 on the Aviation Industry” (April 2020)
  • Co-authored the article “Employers’ Guide to the Fair Labor Standards Act and the Family and Medical Leave Act During the Coronavirus Outbreak” for Reuters (March 2020) 
  • Co-recorded the S&C Critical Insights podcast “COVID-19 Poses Critical Issues for Employers” (March 2020)
  • Co-authored the article “Bias Case Gives Justices Chance to Rethink Title VII” for Law360 (January 2020).
  • Co-authored the article “#MeToo and Separating Arbitration from Non-Disclosure Agreements” for the Labor and Employment Law Journal (December 2019).
  • ​Authored the article “DOJ’s 2019 Enforcement Activities Demonstrates a Continued Commitment to FCPA Enforcement” for Anti-Corruption Report (August 2019).
  • Co-authored the article “Whistleblowers Increasingly Shape SEC, CFTC Enforcement” for Law360 (July 2019).
  • Authored the article “Will the SEC Take an Expansive Approach to the Extraterritorial Reach of Its Jurisdiction?” for the New York Law Journal (April 2019).
  • Authored the practice note “Statutes of Limitations: Agreements to Shorten Limitations Periods on Employee Claims” for LexisNexis (January 2019).  
  • Co-authored the article “The Limitations of NY’s Anti-Sexual Harassment Law” for Law360 (September 2018).

Pro Bono Work
Ms. Ostrager’s pro bono work has included a matter involving the Free Exercise and Establishment clauses of the First Amendment, litigation involving the foster and adoption practices of the State of Michigan, as well as a representation of multiple individuals pursuant to the Criminal Justice Act.

Professional Activities
She is a member of the Federal Bar Council Second Circuit Courts Committee, the New York City Bar Association’s Women in the Legal Profession: White Collar Crime Subcommittee, S&C’s Women’s Initiative Committee and Associate Experience Committee, Friends of Mount Sinai Hospital and also serves as a member of the Alumnae Board of The Spence School and on the Alumni Schools Committee for Princeton University.