Ellen Blain, attorney, partner at Clarick Gueron Reisbaum

Attorneys

Ellen Blain

partner (646) 398-5060 eblain@cgr-law.com Download Vcard

Ms. Blain brings almost 15 years of experience as an Assistant United States Attorney for the Southern District of New York, having served as Acting Deputy Chief of the Civil Division as well as Chief of the Civil Rights Unit, leading some of the most high-profile cases in the Southern District of New York. She litigates commercial cases across a wide range of subjects, on both the affirmative and defensive sides, and conducts complex internal and government-related investigations. She is an experienced litigator, from pre-suit investigations to trials to appeals, with particular expertise in government enforcement matters, including False Claims Act litigation and government monitorships. Ms. Blain also has extensive expertise counseling clients in civil rights matters, such as algorithmic bias and employment discrimination, harassment, and affirmative action policies.

Before joining the U.S. Attorney’s Office, Ms. Blain began her legal career in private practice at Schulte Roth & Zabel LLP and Spears & Imes LLP, and served as a law clerk to the Honorable Kiyo A. Matsumoto, United States District Judge for the Eastern District of New York.

Ms. Blain is also a frequent commentator and expert source for media outlets such as The New York Times, National Public Radio, NewYork1, and The Contrarian.

EDUCATION

University of California Berkeley School of Law, J.D., 2004

Yale University, B.A., 1998

REPRESENTATIVE MATTERS

Achieved groundbreaking settlement with Meta (the owner of Facebook) resulting in unprecedented changes to Facebook’s advertising delivery algorithm to correct for racial and gender bias, and imposing a monitor and court oversight on a social media giant for the first time.

Successfully argued numerous cases before the Second Circuit, including matters of first impression later heard by the U.S. Supreme Court – one involving parental rights under the Hague Convention on International Child Abduction, and one involving religious freedom and the No Fly List.

Lead counsel in a jury trial for matter brought under the False Claims Act; successfully obtained liability verdict and defended verdict on appeal; jury found defendant liable for submitting false claims to the Government for improperly claiming credit for employing job seekers.

Successfully defended jury verdict and damages award in a bankruptcy matter filed by defendant to discharge government debt imposed following trial.

Obtained multi-million dollar settlement in health care fraud investigation against pharmaceutical company based on inflated billing and kickback practices.

Lead counsel in a bench trial for a tax fraud matter; successfully obtained liability verdict for taxpayers’ attempt to falsely claim income tax exclusion from sale of property.

Lead counsel in a bench trial under the Federal Tort Claims Act involving multi-million dollar damages award.

Lead defense of high-profile constitutional challenge to the United States military academies’ affirmative action policies, brought by the group that challenged Harvard University’s admissions policies culminating in the Supreme Court’s decision, Students for Fair Admissions v. Harvard University. Ms. Blain defeated a preliminary injunction in district court and an emergency application to the Second Circuit, which the Supreme Court affirmed on February 2, 2024 – months after striking down Harvard’s affirmative action policies.

Opened the first federal investigation of a police department for unconstitutional conduct based exclusively on a pattern and practice of gender discrimination; lead investigation of the New York City Police Department to determine whether NYPD engages in gender discrimination when investigating sexual assaults.

Successfully negotiated the resolution of a consent decree with Westchester County Jail, working with the Jail and the monitor to resolve constitutional violations regarding use of force, treatment of minors, and provision of health care to the Jail’s more than 1000 inmates.

Litigated and managed more than 100 matters under the Americans with Disabilities Act and the Fair Housing Act, including the imposition of a monitor to oversee New York City's obligation to increase street accessibly, litigation against developers and landlords to make housing accessible to people with disabilities and to address housing discrimination based on race and gender, and the government's comprehensive restaurant and hotel ADA compliance reviews.

Brought the first federal investigation of a police department in New York in the wake of the George Floyd protests, investigating whether the Mount Vernon Police Department engages in a pattern and practice of racial discrimination, uses excessive force, unconstitutionally conducts strip and body cavity searches, and engages in racial discrimination, in violation of the Fourth and Fourteenth Amendments.

Increased New York City subway accessibility by obtaining summary judgment order requiring Metropolitan Transit Authority to install elevators at subway stations during certain renovations without regard to cost.

Supervisory attorney in affirmative employment discrimination jury trial; helped obtain 7-figure damages award for teachers subject to racial discrimination.

Represented the United States in wide variety of affirmative and defensive cases in district and circuit court, in subjects ranging from tax and bankruptcy to the False Claims Act to FIRREA to the Freedom of Information Act to torts to employment discrimination to national security; conducted and defended more than 100 depositions; argued extensively in district and circuit courts; litigated and supervised more than 500 affirmative and defensive matters.