Courtney Statfeld

Courtney Statfeld represents clients in high-stakes commercial litigation matters, with a focus on disputes involving complex financial products and asset-backed securities. Her reputation as one of the most elite litigators in her field has earned her several accolades, including a Band 1 ranking for Securities: Institutional Plaintiffs by Chambers USA, who describes her as a “velvet hammer” and “an incredibly sharp litigator with great presence in court.” Her courtroom achievements on behalf of plaintiffs in major financial disputes have also earned her prominent awards as both a “Titan of the Plaintiff Bar” and “MVP in Complex Financial Instruments Litigation” by Law360.

Courtney clients include a who’s who list of leading hedge funds, private equity firms, investment advisors, institutional investors, trustees, international banks, and Fortune 500 companies, among others.

Litigation and Trial Results

Courtney has been at the forefront of numerous influential cases and has helped investors and insurers recover more than $1 billion in losses. As a first-chair trial lawyer, her experience includes securing a summary judgment win in a case that could impact thousands of asset-backed securities containing hundreds of billions of dollars of residential mortgages securitized in the early 2000s. Notably, she obtained a series of rulings—including at summary judgment—that set the basic framework for MBS litigation nationwide. She has also served as first-chair in a major financial litigation trial and has represented investors in a number of trust instruction proceedings across the nation involving disputes regarding the proper interpretation of provisions in the governing agreements for various trusts.

Courtney leads cases from inception to settlement, litigating in federal and state courts across the country. Her experience includes prosecuting and defending claims for breach of contract, fraud, business torts, and state and federal securities violations, including those involving collateralized debt obligations, residential and commercial MBS, indenture bonds, and bond insurance.

Professional Honors & Achievements

Courtney is a Fellow of the Litigation Counsel of America and is recognized among Lawdragon’s “500 Leading Litigators in America” and “500 Leading Plaintiff Financial Lawyers.” Benchmark Litigation names her a “Litigation Star” and included her in their annual “Under 40 Hot List,” recognizing the best and brightest attorneys across the U.S. and Canada.

• Secured a pivotal trial win on behalf of junior bondholders—400 Capital Management, La Verdad Holdings, Solula LLC, and Robert Dechert—in a high-stakes residential mortgage-backed securitization (RMBS) trustee proceeding concerning 34 RMBS trusts.
• Secured a summary judgment from the Superior Court of California in a novel case related to the termination of mortgage-backed securitizations.
• Representation of US Bank in seeking recovery for hundreds of millions of dollars of defective mortgage loans. The parties reached a tentative settlement, for which the trustee is seeking judicial approval.
• Representation of HSBC, as trustee, in litigating coordinated cases that collectively seek repurchase of nearly $2 billion of defective mortgage loans. Summary judgment has been reached in one case, with others expected to go to trial summer or 2023.
• Representation of an investor in a precedent-setting case on an issue affecting hundreds of billions of dollars of pre-Financial Crisis mortgage-backed securities, all of which are at or nearing the point when call options can be triggered.
• Representation of a group of junior bondholders in an Article 77 proceeding concerning the proper distribution of payments among different bond classes with an original principal value in the billions of dollars. 
• Representation of Freddie Mac and 400 Capital in a proceeding to determine whether eight securitization trusts can be terminated without payment to bondholders of millions of dollars in loan principal. 

Prior to joining McKool Smith:

• Represented an insurance company in its $5 billion lawsuit against Bank of America and various countrywide entities alleging breach of contract and fraud in the procurement of financial guaranty insurance of residential mortgage-backed securities.
• Represented a hedge fund in pursuing claims for the repurchase of mortgages worth more than $3 billion due to breaches of contractual representations and warranties.
• In a multijurisdictional dispute between a real estate investment trust and former co-owners of a portfolio company, obtained summary judgment on breach of contract claims asserted by—and dismissal of breach of contract and fiduciary duty claims asserted against—the investment trust.
• Represented one of the country's largest pharmaceutical companies in a patent infringement claim; obtained summary judgment asserted by the company against the infringer on all counts.

• Awarded "MVP in Complex Financial Instruments Litigation" by Law360 (2024).
• Awarded "Titan of the Plaintiffs Bar" by Law360 (2024)
• Ranked as a leading lawyer (Tier 1) in New York for Litigation: Securities – Institutional Plaintiffs by Chambers USA (2022-2025). The 2025 edition notes that "Courtney is an effective and tenacious advocate for her clients."
• Recognized among Lawdragon's 500 Leading Plaintiff Financial Lawyers (2019-2025)
• Recognized by Benchmark Litigation as a "Future Star" (2023-2026)
• Recognized in the guide to the Lawdragon 500 Leading Litigators in America (2022, 2024-2026)
• Recognized as a Fellow of the Litigation Counsel of America (LCA), (2020-2023)
• Recognized in the Benchmark Litigation "Under 40 Hot List," which honors the achievements of the nation’s most accomplished legal partners of the age of 40 or younger, (2017-2020)
• Recognized as a "Rising Star" in New York by Super Lawyers, (2015-2018, 2023-2025)

The following market and client insights were provided in McKool Smith's Chambers USA 2025 Client & Market Intelligence Report.

Client Feedback:

• "Courtney Statfeld's client service and general level of service is very strong. Courtney's level of sophistication is very strong. Her commercial vision is very strong. It has been a pleasure working with Courtney. She has always been professional, courteous and available to me at any time. She keeps me informed on what is going on at all times and is always quick to answer any questions I have. She has a deep understanding of this particular fixed income product, and her track record on similar issues is impressive. I have the utmost confidence in her ability to defend my position."

• "Courtney Statfeld is super responsive and a very good team player..."

• Courtney is "very responsive to client concerns and has market sophistication."

Market Insights:

• "Courtney is both big picture and practical. She knows her case inside and out. She is a velvet hammer. She presents her case in amicable fashion whereby she is working together with the lawyer across the aisle."

• "Courtney Statfeld's level of sophistication is strong. Her commercial vision is strong. Courtney is an effective and tenacious advocate for her clients."

• "Courtney Statfeld's client service and general level of service is very strong. Her level of sophistication is very strong. Her commercial vision is very strong. Courtney is an incredibly sharp litigator with great presence in court. She has an unparalleled knowledge of the RMBS industry, which gives her an edge over other litigators."

• "Courtney Statfeld's client service and general level of service is very strong. Her level of sophistication is very strong. Her commercial vision is very strong. Courtney is a very strong attorney and a pleasure to work with."