Emil A. Kleinhaus is a partner at Wachtell, Lipton, Rosen & Katz and Head of the firm’s Restructuring and Finance Litigation practice.  He focuses on litigation and advisory work relating to bankruptcy, insolvency, and liability management.  His areas of expertise include Chapter 11 reorganizations, fraudulent transfer and fiduciary claims, and disputes relating to credit agreements and indentures. 

Emil is widely recognized as a leader in his practice areas, including by Chambers USA, Benchmark Litigation, Lawdragon and Legal 500.  He has been a Contributing Author for Collier on Bankruptcy, the leading bankruptcy treatise, and has published widely on topics relating to bankruptcy and restructuring.  He is a Conferee of the National Bankruptcy Conference, was co-chair of the Bankruptcy Litigation Committee of the Federal Bar Council, and was chair of the Fraudulent Conveyance Sub-Committee of the New York City Bar Association.

Emil has played a leading role in significant disputes relating to debt restructuring transactions.  He argued and won a precedent-setting appeal in the Marblegate case from a judgment under the Trust Indenture Act.  He argued and won another precedent-setting appeal in the Mitel case, which involved a challenge to an “uptier” transaction.  Among other examples, Emil also represented Intralot SA in defeating an attempt to enjoin the company’s out-of-court restructuring, and lenders to TriMark USA in the defense and resolution of claims relating to a debt exchange.

Emil has successfully litigated and resolved major disputes relating to Chapter 11 cases.  Emil represented Mallinckrodt, as a Chapter 11 debtor, in its successful challenge to large “makewhole” claims; Medical Properties Trust in litigation and global settlements with its bankrupt tenants Steward Health and Prospect Medical; and various companies in resolving mass tort claims through Chapter 11 cases.  Emil has also represented creditors or equity sponsors of debtors including the Puerto Rico Power Authority, Imerys, Altera, EdgeMarc, Neiman Marcus, Toys “R” Us, Westinghouse, Energy Future Holdings, Caesars, Fairfield Sentry, Dreier LLP, Refco, and many others.

Following the 2008 financial crisis, Emil was a lead member of teams representing JPMorgan Chase in litigation arising out of the Lehman Brothers, General Motors, and Bernard Madoff bankruptcy cases.  Emil also represented a group of Israeli universities in obtaining complete dismissal of fraudulent transfer claims brought by the trustee for the Madoff estate.

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 U.S. District Court for the Southern District of New York and for Judge José A. Cabranes of the U.S. Court of Appeals for the Second Circuit.