Phillips Nizer LLP | Mark Elliott | Representative Matters
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Attorneys
Mark  M. Elliott

PRACTICES

Litigation
Banking & Finance
Securities
Antitrust and Unfair Competition
Creditors' Rights and Restructuring
Appellate Practice
Antitrust and Unfair Competition
Contractual Disputes
Partnership Disputes
Integrity, Oversight & Investigations

EDUCATION

  • Yale Law School, J.D.
  • Fordham University, B.A., summa cum laude, Phi Beta Kappa

BAR 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.
Mark M. Elliott
Partner
CONTACT INFORMATION
Tel: (212) 841-0741
Fax: (212) 262-5152
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  • 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)).

  • Representing 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")

  • Pro Bono

    • Amicus antitrust brief to the U.S. Supreme Court on behalf of the Government of Japan.
    • Internal investigation of the F.W. Woolworth Company.