Elliot Moskowitz

Partner

elliot.moskowitz@davispolk.com

Mr. Moskowitz is a partner in Davis Polk’s Litigation Department. His practice focuses on complex commercial litigation and bankruptcy litigation, and he has regularly represented major financial institutions and creditors, such as Citibank, Bank of America and JPMorgan Chase, in connection with bankruptcies and reorganizations. Most recently, he served as a leading litigator in numerous contested matters in the Chapter 11 proceedings of the Tribune Company and LyondellBasell (on behalf of creditors) and of Frontier Airlines (on behalf of the debtor).

Mr. Moskowitz also has extensive experience representing corporate clients and professional firms in connection with a wide range of state and federal regulatory inquiries and civil litigation, including securities litigation and professional malpractice claims.

In his pro bono practice, Mr. Moskowitz served as Chief Counsel to The Special Commission on the Future of the New York State Courts, a blue-ribbon panel appointed by then Chief Judge Judith S. Kaye to study the courts and propose reforms.

Contact

New York
450 Lexington Avenue
New York, NY 10017
P: 212-450-4241
F: 212-701-5241

Related Practices

Bar Admissions

State of New York
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. District Court, E.D. New York
U.S. District Court, S.D. New York

Education

B.A., CUNY Queens College, 1997
- magna cum laude
J.D., Columbia Law School, 2001
- Harlan Fiske Stone Scholar
- Member, Columbia Journal of Law & Social Problems

Work Highlights

Recent Representations

Litigation counsel to JPMorgan Chase in connection with the Chapter 11 restructuring of the Tribune Company, including disputes with unsecured creditors concerning claims for fraudulent conveyance
Leading litigator for Citibank in connection with the Chapter 11 bankruptcy of LyondellBasell, the world’s third-largest chemical company, including in the multi-billion dollar fraudulent conveyance lawsuit brought against Citibank and other lenders by unsecured creditors
Leading litigator for Frontier Airlines in connection with its Chapter 11 restructuring, including litigation involving unions and disputes concerning collective bargaining agreements
Won dismissal of fraudulent conveyance litigation against Bank of America in an influential decision affirmed by the U.S. Court of Appeals for the Third Circuit
Won substantial award at trial for the plaintiffs in a lawsuit in Delaware Chancery Court concerning ownership of water filtration patents
Won dismissal of legal malpractice claims (and secured award of fees) in a decision affirmed by the New York State Court of Appeals
Defended a major financial institution in connection with a real estate litigation over a $2.6 billion casino project in Atlantic City
Defended financial institutions and other clients in several major securities class action lawsuits, including Rent-A-Center, Genta Incorporated and the Scottish Re Group
Advised Marsh & McLennan Companies in connection with $850 million settlement relating to New York State Attorney General Spitzer’s investigation into bid-rigging and price-fixing in the insurance brokerage industry
Advised New York Racing Association in connection with investigations by the Department of Justice and New York State Attorney General’s Office

Mr. Moskowitz has also worked on a number of internal investigations on behalf of clients facing potential criminal and regulatory exposure, which did not result in public charges and thus remain confidential.

Recognition

Recognized as a “Rising Star” for Bankruptcy by Law360 – Read “Rising Star: Davis Polk’s Elliot Moskowitz”
Named an “Outstanding Young Restructuring Lawyer” of 2011 by Turnarounds & Workouts

Of Note

From 2006 to 2008, Mr. Moskowitz served as Chief Counsel to The Special Commission on the Future of the New York State Courts, a blue-ribbon panel appointed by then Chief Judge Judith S. Kaye. The Commission authored two landmark reports concerning the functioning of the courts and proposed a series of reforms to improve the delivery of justice in New York State.
Member, New York City Bar
Member, American Bankruptcy Institute

Professional History

Partner, 2010
Associate, 2001-2010

News

Elliot Moskowitz and Paul Spagnoletti Named “Rising Stars” by Law360

Elliot Moskowitz Named “Outstanding Young Restructuring Lawyer”

Restructuring of San Antonio Internacional Ltd.

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Publications

June 1, 2010

The Authority of a Debtor to Settle Estate Claims Brought by a Committee | American Bankruptcy Institute Journal

Client Publications

Lehman Bankruptcy Court Holds Contractual Right to Triangular Setoff Unenforceable In Bankruptcy and Not Protected by Safe Harbors
Client Newsletter

Second Washington Mutual Plan Confirmation Denial May Have Significant Impact on Claims Trading and Plan Negotiation
Insolvency and Restructuring Update

Seventh Circuit Delivers a Major Win for Secured Creditors; Holds that Secured Creditors Cannot be Denied Right to Credit Bid in a Sale Under a Plan
Insolvency and Restructuring Update

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