Elliot Moskowitz
Senior bankruptcy and commercial litigator. Benchmark Litigation 2023 Bankruptcy Litigator of the Year. Represents creditors and companies in courts around the U.S.
Elliot’s practice focuses on bankruptcy litigation and complex commercial litigation. He was named Benchmark Litigation’s 2023 “Bankruptcy Litigator of the Year.” He has represented major corporations, financial institutions and creditors in trials and proceedings in courts around the country.
Corporate clients that Elliot has represented in bankruptcy litigation include Arch Coal, Bonanza Creek Energy, Dean Foods, Frontier Airlines and Patriot Coal. He has represented creditor groups or other parties in litigation arising out of the bankruptcies of Revlon, Windstream, General Motors, Hertz, Lehman Brothers and Tribune.
Elliot also has extensive experience representing corporate clients and professional firms in a wide range of state and federal regulatory inquiries and civil litigation.
In his pro bono practice, Elliot served as Chief Counsel to the Special Commission on the Future of the New York State Courts, which issued landmark reform recommendations in 2007 and 2008.
Experience highlights
Bankruptcy Litigation
- Lead litigation counsel to ad hoc noteholder group in Silicon Valley Bank’s chapter 11 proceedings
- Successful defense of lenders to Revlon in bankruptcy court litigation concerning pre-petition uptiering transaction
- Successful defense of Uniti in multi-billion-dollar litigation brought by Windstream involving fraudulent transfer claims
- Lead litigation counsel to agent bank representing parties that financed the acquisition of Hertz’s U.S. vehicle fleet
- Lead litigation counsel to Dean Foods in its chapter 11 bankruptcy cases
- Lead litigation counsel to a large group of term lenders in the General Motors bankruptcy involving a $1.5 billion avoidance action
- Appellate counsel to a group of financial institutions and funds regarding multi-hundred-million-dollar fraudulent transfer judgment arising out of the TOUSA bankruptcy
- Lead litigation counsel to Bonanza Creek Energy in its chapter 11 bankruptcy cases
- Lead litigation counsel to Arch Coal in its chapter 11 reorganization
- Lead litigation counsel to Patriot Coal in multi-billion-dollar chapter 11 proceedings, including victory at trial regarding motion to reject collective bargaining agreements and Eighth Circuit appellate victory
- Lead litigation counsel to JPMorgan Chase and serves on the defendants’ Executive Committee in the multi-billion-dollar fraudulent transfer litigation arising out of the bankruptcy of Tribune
- Lead litigation counsel to Lehman Brothers International (Europe) in the litigation and settlement of $38 billion in claims between client and Lehman Brothers Inc.
- Advised Comcast and affiliates in bankruptcy proceedings and related litigation concerning Comcast SportsNet Houston
- Advised major broker-dealer in the City of Detroit bankruptcy
- Represented Frontier Airlines in its chapter 11 restructuring, including litigation with unions
Complex Commercial Litigation
- Defending Fortune 500 company in litigation in New York’s Commercial Division over liability for a refinery fire
- Won substantial award at trial for 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 real estate litigation over a $2.6 billion casino project in Atlantic City
Insights
News
Credentials
Recognition
Benchmark Litigation – United States and New York, Star
Benchmark Litigation – “Bankruptcy Litigator of the Year,” 2023
Lawdragon – 500 Leading U.S. Bankruptcy and Restructuring Lawyers, 2022 and 2023
Law360 – “Rising Star: Bankruptcy,” 2012
Turnarounds & Workouts – “Outstanding Young Restructuring Lawyer,” 2011 and 2015
Education
- Harlan Fiske Stone Scholar
- Member, Columbia Journal of Law and Social Problems
- magna cum laude
Professional history
- Partner, 2010-present
- Davis Polk since 2001
Qualifications and admissions
- State of New York
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, E.D. Michigan
- U.S. District Court, E.D. New York
- U.S. District Court, S.D. New York
- U.S. District Court, W.D. Michigan