Amy Penn

Counsel
apenn@ebbklaw.com
+1 512.770.4044 (direct)
+1 617.388.6376 (mobile)
+1 877.851.6384 (fax)

111 Congress Avenue
Suite 2800
Austin, TX 78701
USA

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Practice Areas

Commercial and Business Litigation

Securities Litigation and Enforcement

Professional Certification

Certified Public Accountant, Texas

Education

Harvard Law School, J.D., 2006

University of Texas, McCombs School of Business, M.P.A., Somerfield Scholar, Dean’s Scholar, 2002

University of Texas, B.A. English, highest honors, Phi Beta Kappa, 2000

Admissions

Texas, 2006

New York, 2008

Eastern District of Texas

Southern District of Texas

Western District of Texas

Eastern District of New York

Northern District of New York

Southern District of New York

Western District of New York

District of Columbia

Second Circuit Court of Appeals

Fifth Circuit Court of Appeals

United States Tax Court

Ms. Penn represents organizational and individual plaintiffs and defendants in complex commercial litigation involving contract disputes, business torts, and securities-related claims. She is also experienced in advising and representing both private and governmental clients on First Amendment issues in print and internet publications, including defamation and First Amendment retaliation. Most recently, Ms. Penn was an Assistant Attorney General for the State of Texas, where she represented governmental defendants in constitutional and civil rights actions. Ms. Penn has litigated in the state and federal courts of New York and Texas and has trial experience in Texas state and federal courts. Prior to attending law school, Ms. Penn was in the State Tax Consulting practice of PricewaterhouseCoopers, where she advised energy clients on state tax issues arising from reorganizations and cross-border transactions.

Representative Experience*

  • Served as lead trial counsel in successfully defending the Texas State Board of Veterinary Medical Examiners and its members against a constitutional challenge to its licensing statutes. Vluggen v. Texas Board of Veterinary Medical Examiners, et al., No. 1:12-cv-00752 (W.D. Tex., Sept. 17, 2014).
  • Served on trial team defending state agencies against a constitutional challenge to the statutory funding program for the Texas public school system. Texas Taxpayer and Student Fairness Coalition, et al. v. Scott, et al., Cause No. D-1-GN-11-003130, 200th Judicial District Court of Travis County, Texas.
  • Successfully defended state universities against constitutional challenges to the academic dismissals of students from their graduate programs. See, e.g., Shah v. Univ. of Tex. Southwestern Med. Sch., 2014 U.S. Dist. LEXIS 148796 (N.D. Tex. Oct. 20, 2014).
  • Successfully defended regent of state university against defamation claim brought by former university football coach. Cole v. Lewis, et al., Cause No. 2012-52692, 57th Judicial District Court of Harris County, Texas.
  • Represented hedge funds and their managers in litigation of fraud and breach of fiduciary duty claims in New York state courts.
  • Represented investment bank in contract dispute before the Financial Industry Regulatory Authority.
  • Represented collateral managers, funds, servicers, and counterparties in litigation and other disputes involving collateralized mortgage obligations, commercial mortgage-backed securities, and collateralized debt obligations in various New York forums.
  • Defended investment bank’s personnel in Securities Exchange Commission investigations.
  • Represented Wachovia Corp. in litigation against Citigroup, Inc., arising from Wells Fargo’s 2008 purchase of Wachovia. In a matter of first impression, the district court ruled that a provision of the Emergency Economic Stabilization Act rendered unenforceable an exclusive negotiation agreement effectively prohibiting Citigroup’s breach of contract claim against Wachovia. Wachovia Corp. v. Citigroup, Inc., 634 F. Supp. 2d 445 (S.D.N.Y. 2009).
  • Represented and advised public and private clients on federal tax issues and contested matters before the Internal Revenue Service.

*Includes matters handled prior to joining Ewell, Brown & Blanke LLPPrior results do not guarantee a similar outcome.