Elliot has handled a wide range of commercial litigation matters and arbitrations, CPLR Article 78 proceedings and administrative hearings, including high-profile banking litigation, life insurance litigation, interpleader actions, class-actions, business and partnership disputes and torts, shareholder oppression litigation, probate and estate litigation, company and property valuation litigation, construction litigation, collections, contested foreclosures, commercial landlord/tenant disputes, energy litigation, election litigation, environmental litigation, education litigation, labor and employment disputes, attorney disciplinary proceedings, False Claims Act/Qui Tam defense, vehicle and traffic defense, liquor license proceedings, title insurance defense, workers’ compensation trust defense, products defects defense, catastrophic personal injury defense, and consumer protection and Fair Debt Collection Practices Act (FDCPA) defense, telemarketing Do-Not-Call and Telephone Consumer Protection Act (TCPA) defense. He’s also handled defense of Attorney General, Department of Labor, Division of Consumer Protection, Attorney Grievance Committee, State Liquor Authority, Housing Protection Unit, and other governmental agency investigations and enforcement proceedings. Elliot is a co-leader of the firm’s Focus on Compliance and Litigation for Financial Institutions and the Commercial Class Actions team. Previously, Elliot was a litigation partner at a large national firm where he supervised a team of litigation associates on complex commercial litigation matters and was a member of that firm’s E-Discovery Practice Group. He has been involved in significant and complex e-discovery issues, including strategy, data preservation, data collection, processing, review and production.
Elliot has spent the majority of his career representing several of the largest national banks, including in virtually every type of litigation that a banking institution encounters. He has handled hundreds of cases involving disputed account ownerships, account takeovers, improper check deposits/payments, wire transfer issues, electronic funds transfer disputes, contested foreclosures, lender liability claims, loan participation disputes, safe deposit box claims, loss mitigation/collections, garnishments, and has obtained emergency guardianships in cases of suspected and confirmed elder and vulnerable adult abuse. He has extensive litigation experience involving many statutes including: (i) Bank Secrecy Act/Anti Money Laundering (BSA/AML), (ii) Uniform Commercial Code (UCC) - Articles III (Negotiable Instruments), IV Bank Deposits and Collections, and IV (A) funds/wire transfers; (iii) consumer protection statutes, including the Fair Debt Collection Practice Act (FDCPA), Fair Credit Reporting Act (FRCA), and Telephone Consumer Protection Act (TCPA); (iv) Consumer lending statutes, including Truth in Lending Act (TILA) and Real Estate Settlement Procedures (RESPA); (v)the Electronic Fund Transfer Act (EFTA) including Regulation E; and (vi) Racketeer Influenced and Corrupt Organization Act (RICO). Elliot has represented and defended financial institutions with aggressive regulators and government agencies, including the Consumer Financial Protection Bureau (CFPB).