Mr. Moskowitz is a partner in Davis Polk’s Litigation Department. His practice focuses on bankruptcy litigation and complex commercial litigation, and he has represented major financial institutions and creditors in connection with trials and proceedings in bankruptcy courts around the country. Most recently he served as lead litigation counsel in the Chapter 11 proceedings of Bonanza Creek Energy (on behalf of the debtor) and the Tribune Company (on behalf of JPMorgan Chase), as well as in the landmark Lehman Brothers proceeding under the Securities Investor Protection Act.
- Lead litigation counsel to a group of private equity funds in the RadioShack Chapter 11 cases; clients were paid in full after litigation concerning the company’s DIP financing, proposed sale and an investigation commenced by the Official Committee of Unsecured Creditors.
- Lead litigation counsel to Bonanza Creek Energy in all aspects of its Chapter 11 bankruptcy cases, including trustee and examiner litigation, and a successful confirmation hearing involving complex valuation issues.
- Lead litigation counsel to Arch Coal, Inc. in all aspects of its Chapter 11 reorganization, including successfully defending against a challenge to proposed DIP financing at a contested evidentiary hearing and defending breach of fiduciary duty claims against the debtors’ management.
- Lead litigation counsel to a large group of term lenders in the General Motors bankruptcy involving a $1.5 billion avoidance action brought by the Avoidance Action Trust.
- Lead litigation counsel to Patriot Coal in all aspects of multi-billion dollar Chapter 11 proceedings, including victory at trial regarding motion to reject collective bargaining agreements and appellate victory before the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the 8th Circuit.
- Lead 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 transfer. Serves on the defendants’ Executive Committee in the post-bankruptcy, multibillion dollar fraudulent transfer litigation pending in federal court New York.
- Lead litigation counsel to Lehman Brothers International (Europe) (“LBIE”) in connection with the litigation and settlement of $38 billion in claims between LBIE and Lehman Brothers Inc.
- Advised Comcast Corporation and certain affiliates in bankruptcy proceedings and related litigation concerning Comcast SportsNet Houston
- Advised broker-dealer in connection with the settlement of claims against the City of Detroit related to $800 million in notional-amount interest-rate swaps and $1.4 billion in principal-amount certificates of participation
- Leading litigator for Citibank in connection with the Chapter 11 bankruptcy of LyondellBasell, the world’s third-largest chemical company, including in the multibillion 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 a major financial institution 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.
Mr. Moskowitz is recognized for his work by several leading industry publications, including:
- Law360 – “Rising Star”: Bankruptcy (Read “Rising Star: Davis Polk’s Elliot Moskowitz”)
- Benchmark Litigation – “Star”: New York
- Turnarounds & Workouts – “Outstanding Young Restructuring Lawyer,” 2011 and 2015
- 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
- Partner, 2010-present
- Associate, 2001-2010
Articles and Books
A Notable Footnote In High Court Merit Management Decision | Law360, April 2, 2018
How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers | Global Restructuring Review
The Common Interest Privilege in Bankruptcy: Recent Trends and Practical Guidance | Norton Journal of Bankruptcy Law and Practice, No. 3, 2017, Thomson Reuters