Representative Matters

Mark Elliott Representative Matters

  • Represented multiple pharmaceutical manufacturers in antitrust and other matters.
  • Multiple representations pertaining to corporate, limited liability company and partnership disputes, including disputes pertaining to private equity and other funds, and a three-month trial pertaining to executive compensation.
  • Represented the Estate of Otto Warmbier with respect to recovery on a judgment against the Republic of North Korea.
  • Represents the Chief Counsel to multiple New York State attorney Grievance Committees regarding First and Fourteenth Amendment claims.
  • 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.