Emil A. Kleinhaus

Partner at Wachtell, Lipton, Rosen & Katz

Emil A. Kleinhaus

Emil A. Kleinhaus

Partner at Wachtell, Lipton, Rosen & Katz

Biography

Emil A. Kleinhaus

Emil A. Kleinhaus is a partner at Wachtell, Lipton, Rosen & Katz. He represents clients in litigation at the trial and appellate levels, with a focus on issues relating to bankruptcy, insolvency and creditors’ rights. His areas of expertise include chapter 11 reorganizations, fraudulent transfer and fiduciary claims, and disputes under credit agreements and indentures. He also has extensive experience with cross-border insolvency proceedings.

Emil has been involved in numerous significant matters. He represented JPMorgan Chase in the successful defense of multi-billion dollar actions brought by the trustee for Bernard Madoff’s brokerage firm and by the Lehman Brothers bankruptcy estate. He was lead trial and appellate counsel for Education Management in litigation relating to its $1.5 billion restructuring. On behalf of Education Management, he argued and won a precedent-setting appeal in the Marblegate case from a judgment under the Trust Indenture Act. Emil was also lead trial counsel for secured lenders to Toys “R” Us in various contested matters, and he was lead trial counsel for TPG, KKR and Goldman Sachs in connection with the contested chapter 11 plan of Energy Future Holdings. He was lead counsel for Codere and Hibu in their successful chapter 15 proceedings in the U.S. bankruptcy court. He has also represented creditors, companies and directors in various other chapter 11 cases, civil lawsuits and out-of-court transactions.

Emil is the author of more than a dozen publications, including “Prepayment Clauses in Bankruptcy,” 15 Am. Bankr. Inst. L. Rev. 537 (2007), “Debt Repayments as Fraudulent Transfers,” 88 Am Bankr. L. J. 307 (2014), and “The Enforceability of Ipso Facto Clauses in Financing Agreements,” 23 Norton J. Bankr. L. & Prac. 193 (2014). He is a contributing author to Collier on Bankruptcy. He is co-chair of the Bankruptcy Litigation Committee of the Federal Bar Council and was chair of the New York City Bar Association’s Subcommittee on Fraudulent Conveyance Law.

Emil has been identified as a “star” by Benchmark Litigation and as a “Rising Star” in the Bankruptcy category by Law360. In 2018, Emil received the James H. Fogelson Emerging Leadership Award from the Lawyers Division of the UJA Federation of New York. He is also a member of the UJA Lawyers Division’s Executive Committee.

Emil received a B.A., summa cum laude and Phi Beta Kappa, from Yale College, and a J.D. from Yale Law School, where he was an Articles Editor of the Yale Law Journal. Following law school, he served as a law clerk for Chief Judge Michael B. Mukasey of the United States District Court for the Southern District of New York and for Judge José A. Cabranes of the United States Court of Appeals for the Second Circuit.

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Partner at Wachtell, Lipton, Rosen & Katz

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Vice Chairman at Yivo Institute for Jewish Research Inc.

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Of Counsel at Wachtell, Lipton, Rosen & Katz

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Vice Chairman at Yivo Institute for Jewish Research Inc.

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Vice Chairman at Yivo Institute for Jewish Research Inc.

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Partner at Wachtell, Lipton, Rosen & Katz

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Partner at Wachtell, Lipton, Rosen & Katz

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Partner at Wachtell, Lipton, Rosen & Katz

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Partner at Wachtell, Lipton, Rosen & Katz

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Partner at Wachtell, Lipton, Rosen & Katz

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Emil A. Kleinhaus
Partner at Wachtell, Lipton, Rosen & Katz
Education
JD
Class of 2002

Located in New Haven, Connecticut, Yale Law School is one of the world’s premier law schools. It offers an unmatched environment of excellence and educational intimacy in the form of world renowned faculty, small classes, limitless opportunities for clinical training, and strong encouragement of public service. The Law School is small by design; its impact on the world is measured by its accomplished graduates and its ongoing scholarship and outreach through numerous centers and projects. For students, the experience is unparalleled. The faculty-student ratio supports a vast array of courses and opportunities for independent research and student-organized seminars. Students get practical training by representing real clients in clinics starting in their first year. Throughout, a spirit of collaboration reigns. All first-term courses are ungraded, and subsequent classes are graded honors/pass/low pass. Yale Law School is unique among law schools in that it produces leaders in all walks of life: distinguished deans and faculty members at law schools across the country and the world; industry CEOs and corporate counsels; founders of nongovernmental organizations and other nonprofit entities; entrepreneurs; government servants in federal, state, and local offices and the judiciary--just a few areas in which our alumni's talent and passion and dedication have made a difference. Among the School’s graduates are U.S. Presidents and Supreme Court Justices; and among its far-reaching projects, the Information Society Project and the China Center.

BA, summa cum laude, Phi Beta Kappa
Class of 1999

Yale University is an American private Ivy League research university located in New Haven, Connecticut. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States.

Memberships
Member
Current

The Association of the Bar of the City of New York is a voluntary association of lawyers and law students. The organization was founded in 1870 and it is headquartered in New York, NY.

Fellow
Current

TO EXPAND KNOWLEDGE AND ADVANCE JUSTICE THROUGH INNOVATIVE, INTERDISCIPLINARY, AND RIGOROUS EMPIRICAL RESEARCH ON THE LAW.

Articles Editor
Prior

The Yale Law Journal is published eight times a year (monthly from October through June, excluding February) by The Yale Law Journal Company, Inc. Editorial and general offices are located in the Sterling Law Building at Yale University.

Career History
Partner
2004 - Current

Wachtell, Lipton, Rosen & Katz enjoys a global reputation as one of the world's leading business law firms. Their deep experience in the fields of mergers and acquisitions, strategic investments, takeovers and takeover defense, corporate and securities law, and corporate governance means that they regularly handle some of the largest, most complex and demanding transactions in the United States and around the world. They counsel both public and private acquirors and targets. They also have extensive experience handling sensitive investigation and litigation matters and corporate restructurings, and in counseling boards of directors and senior management in the most sensitive situations. In addition, their attorneys are thought leaders, speaking and writing frequently in their various areas of expertise.Wachtell Lipton is consistently ranked as the most prestigious and desirable law firm to work for in the United States, thus enabling the firm to attract associates and some of the most outstanding and motivated attorneys and law school graduates in the United States and from around the world.

Clerk
2003 - 2004

The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York, and Vermont, and the court has appellate jurisdiction over the district courts in the following districts: District of Connecticut, Eastern District of New York, Northern District of New York, Southern District of New York, Western District of New York, District of Vermont.

Clerk
2002 - 2003

United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The Southern District is one of the most influential and active federal district courts in the United States, largely because of its jurisdiction over New York's major financial centers.

Political Donations
$250
2009

Chief of Staff at Federal Communications Commission

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