Elliot co-leads the firm’s Business & Commercial Litigation practice group, the firm’s largest practice group. Elliot has handled a wide range of commercial litigation matters and arbitrations, 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, 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, and CPLR Article 78 proceedings. He’s also handled defense of Attorney General, Department of Labor, Division of Consumer Protection, Attorney Grievance Committee, State Liquor Authority, and other governmental agency investigations. Elliot is a co-leader of the firm’s Regional Financial Institutions team 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 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 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 worked with aggressive regulators and government agencies, including the Consumer Financial Protection Bureau (CFPB).
RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS
- "TransUnion LLC v. Ramirez: “Concrete Harm” Requirement Clarified in Consumer Class Actions," Harris Beach Legal Alert, July 2021.
- “Paycheck Protection Program Lenders Face Lawsuits Over Lending Practices”, Harris Beach Legal Alert, April 2020.
- “What is a Force Majeure Clause, and Why Can You Expect to Hear Much More About It?”, Harris Beach Podcast, April 2020.
- “Coronavirus and Contractual Obligations: Force Majeure, Impossibility, Impracticability, Frustration of Purpose and More”, Harris Beach Legal Alert, March 2020.
- Implications of New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) and Emergency Tenant Protection Act (ETPA) – Capital District Association of Rental Property Owners, Inc. (CDARPO) – February 2020.
- “Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts:, Harris Beach Legal Alert, January 2020.
- “Jay-Z’s Record Label, Roc nation, Entangled in Battle Over $12.5 Million ‘Key Person’ Policy Insuring Long-Time Manager of Maroon 5” case comment for DRI Life Health and Disability Newsletter, September 2019.
- “Telemarketer Fined Record $280 Million for Violating Do Not Call Laws”, Harris Beach Legal Alert, June 2017.
- “TCPA Developments with Ringless Robocalls Could Impact Users and Vendors, Harris Beach Legal Alert, November 2017.
- “Spokeo v. Robins: Updated Implications for Defending TCCWNA Claims”, Harris Beach Legal Alert, October 2016.
- “OCC Guidance on Third-Party Relationships for National Banks and Federal Savings Associations”, Harris Beach Legal Alert, June 2017.
- “Navigating the Disconnect between the Rules of Professional Conduct and the Realities of the In-House Practice of Law,” South Florida Chapter of the Association of Corporate Counsel.
- “Shark Tank: Surviving as In-House Counsel – Just When You Thought it Was Safe to Go In-House,”South Florida Chapter of the Association of Corporate Counsel.
