Bingham

 Bingham
  1. New York
  2. T
     +1.212.705.7796
  3. F
     +1.212.702.3651

Services

Education

  1. Yale Law School, Juris Doctor (1990)
  2. Fordham University, Bachelor of Arts, Summa Cum Laude, Phi Beta Kappa (1987)

Admissions

  1. Admitted to practice in New York
  2. U.S. Court of Appeals, Ninth Circuit
  3. U.S. Court of Appeals, Second Circuit
  4. U.S. Court of Appeals, Third Circuit
  5. U.S. District Court, Eastern District of New York
  6. U.S. District Court, Southern District of New York
  7. U.S. Supreme Court
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Mark Michael Elliott

Partner

Mark Elliott handles commercial litigation concerning financial restructuring, bankruptcy, creditors’ rights, antitrust, trade secrets and complex contractual disputes. His matters are characterized by their complexity, high financial exposure and sensitivity.

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 also represents institutional creditors in high-profile insolvency matters involving fraud and complex defalcations.

Mark also advises clients on antitrust law and related matters, and he assists clients with antitrust compliance programs.

He is the chair of the City of White Plains Board of Ethics (The Journal News, Aug. 18, 2010; Feb. 19, 2011; March 1, 2011; March 26, 2012).

Experience

  • Represented the Official Committee of Unsecured Creditors of LandAmerica Financial Group and currently represents 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 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.
  • Representing multiple defendants in “clawback” litigation brought by the Trustee of Bernard L. Madoff Investment Securities LLC
  • 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
  • Successfully defended computer consulting firm against claims by a competitor for alleged conversion of proprietary information
  • 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 (N.Y. Law Journal, 3/15/06, p. 1)
  • Obtained judgment for Hyundai 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 Dep’t 2005); 2003 WL 22251349 (S.D.N.Y))
  • Obtained favorable trial verdict in a corporate valuation case of first impression (N.Y. Law Journal, 5/13/99, p. 25)
  • Represented Deutsche Bank in litigations in North Carolina and New York in connection with loan secured by cargo aircraft (summary judgment for client in S.D.N.Y. action; N.Y. Law Journal, 8/18/06, pp. 21, 25)
  • Obtained multiple successful injunctions and other pre-judgment remedies safeguarding trade secrets, collateral and corporate assets
  • Negotiated a $70 million settlement in the Enron bankruptcy on behalf of diversified financial services company
  • Provides antitrust counseling to clients, and conducts ongoing lectures on antitrust compliance issues for major international trading company
  • Defended major financial institution in arbitration brought in connection with the sale of distressed debt and obtained favorable settlement for client
  • Represented a major financial institution in a multijurisdictional matter in connection with a complex fraud and defalcation
  • Secured multiple successful outcomes for bondholder committees in disputes concerning the transfer or use of debtor assets and the terms of indentures
  • Represented financial institutions in connection with structured investment vehicles (SIVs)
  • Conducted internal investigation of alleged accounting fraud at major Fortune 500 corporation. (N.Y. Law Journal, 4/21/94, p. 5)
  • Represented major engineering and construction company in several complex litigations in connection with construction of power plant

Other Reported Cases

  • Marinelli v. Unisa Holdings, 655 N.Y.S.2d 495 (1st Dep’t 1997)
  • Raytheon v. AES Red Oak, 824 N.Y.S.2d 766 (Sup. Ct. 2005)
  • Fidelity Brokerage v. Bank of China, 192 F. Supp. 2d 173 (S.D.N.Y. 2002)
  • Subaru Distributors Corporation v. Subaru of America, 2004 WL 3220120 (S.D.N.Y.)
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Events

  • Guest Lecturer, Legal Writing, Seton Hall Law School (March 25, 2013)
  • Chairperson, Hot Topics in Bankruptcy Litigation: 2013, New York City Bar Association (Feb. 12, 2013)
  • Chairperson, Hot Topics in Bankruptcy Litigation: 2012, New York City Bar Association (Feb. 9, 2012)
  • Chairperson, Hot Topics in Bankruptcy Litigation: 2010, New York City Bar Association (Dec. 2, 2010)
  • Chairperson, Hot Topics in Bankruptcy Litigation: 2009, New York City Bar Association (Oct. 15, 2009)
  • Chairperson, Hot Topics in Bankruptcy Litigation: 2008, New York City Bar Association (Dec. 2, 2008)

Publications

  • “Hot Topics in Bankruptcy Litigation,” The Review of Banking and Financial Services (February 2009)

Memberships

  • American Bar Association
  • Association of the Bar of the City of New York
  • Westchester County Bar Association
  • Lawyers’ Committee of Inner-City Scholarship Fund

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