Mark Elliott

Mark Elliott

Partner

+1 (646) 777-4511   |   melliott@ekljlaw.com

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Education

Yale Law School, J.D.

Fordham University, B.A., summa cum laude, Phi Beta Kappa

Admissions

New York

U.S. District Ct., SDNY

U.S. District Ct., EDNY

U.S. Supreme Court

U.S. Ct. of Appeals, 2nd Cir.

U.S. Ct. of Appeals, 3rd Cir.

U.S. Ct. of Appeals, 9th Cir.

Awards

Super Lawyers® – New York Metro Edition (Business Litigation), (2016-2021)

Professional Memberships

American Bar Association

New York City Bar Association Antitrust and Trade Regulation Committee, Reports/Amicus Brief Subcommittee Co-chair

Lawyers’ Committee of Inner-City Scholarship Fund

New York State Bar Association

A 1990 graduate of Yale Law School, Mark was trained at Paul, Weiss, Rifkind, Wharton & Garrison LLP. Thereafter, he was a partner at Bingham McCutchen LLP for 15 years. He then went on to chair Phillips Nizer’s Litigation Department. He grew that Department by adding several former colleagues from his prior firms.

Mark has handled a number of high profile litigations in a diverse array of matters. His practice focuses on contractual disputes, creditors’ rights, director and officer liability, corporate governance, antitrust, and securities. His matters are characterized by their complexity, high financial exposure and sensitivity. His cases include an eight-week jury trial for the County of Westchester, resulting in a verdict for the County that saved taxpayers over $30 million.

Mark represents a wide client base with a focus on the financial services industry. He regularly represents major financial institutions in complex business litigations. He often represents institutional creditors in high-profile insolvency matters involving fraud and complex defalcations. Mark served several times as chair of the New York City Bar Association’s CLE panel on bankruptcy litigation.

Mark recently chaired panels on alternative dispute resolution, international arbitration and on cryptocurrency litigation. Mark also chaired a panel on the First Amendment at the Albert Einstein School of Medicine and was a guest speaker at the INCAE Business School in Nicaragua.

Mark also advises clients on antitrust law and related matters, and he assists clients with antitrust compliance programs. Mark is serving his second term as a member of the Antitrust and Trade Regulation Committee of the New York City Bar Association and currently co-chairs the Reports/Amicus Brief Subcommittee.

Mark served for many years as the Chair of the City of White Plains Board of Ethics. He was also the National President of the College Democrats. He currently serves as a member of the Committee on Character & Fitness of the Appellate Division, Second Department.

Representative Matters

  • Represented the Official Committee of Unsecured Creditors of LandAmerica Financial Group and the LFG Liquidation Trust (470 B.R. 759). Obtained favorable settlement for the Trust in litigation against former officers and directors in connection with their fiduciary duties and the failure of the auction rate securities markets.
  • Represented multiple financial institutions in defense of adversary proceedings involving alleged preferential transfers in connection with Enron’s purchase of its commercial paper, including obtaining summary judgment for certain defendants based on Bankruptcy Code 546(e)’s “safe harbor” (Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., 651 F.3d 329 (2d Cir. 2011)).
  • Represented multiple defendants in “clawback” litigation brought by the Trustee of Bernard L. Madoff Investment Securities LLC.
  • Represented major creditor in the City of Detroit Bankruptcy (Law360, 4/11/14, “Detroit’s $85M UBS, Merrill Lynch Swaps Deal Wins Approval”).
  • Represented secured certificate holders in the Delta (370 B.R. 552; 381 B.R. 57; 608 F.3d 139) and United Airlines bankruptcies with respect to aircraft creditor rights and defense against antitrust allegations. Obtained favorable settlements for multiple Delta creditors.
  • Represented Swiss artist Christoph Buchel in connection with his Copyright Act and other claims against the Massachusetts Museum of Contemporary Art. This dispute was covered extensively by The New York Times and The Boston Globe.
  • Obtained a favorable jury trial verdict for Westchester County, New York in a $40 million federal constitutional claim in connection with a contract award for a public waste water treatment plant.
  • Obtained summary judgment in law firm dispute pertaining to equity partnership and compensation issues. (New York Law Journal, 3/15/06)
  • Obtained judgment for Hyundai Engineering against Republic of Iraq and Central Bank of Iraq in connection with construction and funding of a power station in Iraq (794 N.Y.S. 2d 327 (1st Dept. 2005); 2003 WL 22251349 (S.D.N.Y)).
  • Representation of multiple companies and individuals in actions against former employees regarding alleged theft of trade secrets, fiduciary duty and non-compete agreements. (Law360, 3/28/14, “Aon Seeks To Ban Alliant From Soliciting Its Employees”)
  • Amicus antitrust brief to the U.S. Supreme Court on behalf of the Government of Japan.
  • Internal investigation of the F.W. Woolworth Company.