Ellen Marks is a partner and a member of the Corporate and Finance Departments of Latham & Watkins. Ms. Marks handles complex and innovative financial transactions and restructurings with a particular focus on securitization and structured finance. She also handles financial regulatory matters with an emphasis on swap regulations and securitization regulations, and she has extensive knowledge of the federal securities laws, the federal banking laws and their related regulations, including changes resulting from the Dodd-Frank Act.
Ms. Marks represents the Financial Services Roundtable’s swaps working group. In that capacity she has drafted numerous comment letters to the Commodity Futures Trading Commission and the Securities and Exchange Commission (SEC) relating to the implementation of Titles VII of the Dodd-Frank Act, including with respect to mandatory clearing, swap execution facilities, the definitions of swap dealers and major swap participants, and margin and capital requirements.
Ms. Marks is also active in the Business Law Section of the American Bar Association (ABA), currently serving as Chair of the Committee on Securitization and Structured Finance. She has chaired the drafting committees for numerous ABA projects and comment letters, including preparing the Securitization in Business Law Section White Paper and comment letters to the Federal Deposit Insurance Corporation on its proposed securitization safe harbor and to the SEC on its proposed significant revisions of Regulation AB. Ms. Marks also serves as Co-Chair for the Securitization Financial Industry Group's legal counsel committee.
Ms. Marks' transactional experience includes:
- Credit card securitizations: Acting as issuer’s counsel for credit card-backed securities denominated in United States dollars and in foreign currencies, including public, private and off-shore transactions, single-seller credit card-backed commercial paper programs, short-term certificate programs, and bank conduit transactions
- Collateralized debt obligations: Acting as deal counsel, underwriters’ counsel and collateral manager’s counsel in numerous cash flow and synthetic CDOs
- Trade receivables securitizations: Acting as seller’s counsel for domestic and cross-border transactions involving US, Canadian and European originators, banks and special purpose vehicles
- Repackaging transactions: Acting as issuer’s and investor’s counsel in numerous public and private structured debt and ABS repackagings
- Restructuring transactions: Representing banks, thrifts and other entities in resolving their interests in or restructuring failed structured investments and pools of classified assets
Ms. Marks also has experience in public debt financings, bank note issuance programs, commercial paper and extendible commercial note programs, bank financings, co-branded and private label credit card agreements, card processing agreements, receivables servicing agreements, general public company representation, mergers and acquisitions, derivatives, bankruptcies, and cross-border restructurings.