Elliott Mogul focuses on complex civil litigation at the federal trial and appellate levels. He represents major financial institutions, sovereign governments, and manufacturers. Mr. Mogul regularly litigates actions involving securities, fraud, and breach of contract claims, and constitutional and statutory interpretation. He has experience in all aspects of litigation including initial claim and defense assessment, drafting and arguing motions, trial, drafting appellate briefs and preparing for oral argument; working with experts, and managing discovery teams.
Mr. Mogul is actively involved in the firm's representation of the Federal Housing Finance Agency (FHFA) as Conservator in nearly two dozen federal district courts and nine federal appellate courts throughout the nation.
Mr. Mogul also assists foreign sovereigns and private clients on international law and corporate social responsibility matters, focusing on complex constitutional, statutory, and regulatory questions involving transnational issues such as sovereign immunity, human rights, and the application of multilateral conventions. He has an active pro bono practice in which he represents clients in litigation seeking remedies for violations of their constitutional rights.
Mr. Mogul graduated from Yale Law School, where he was Executive Editor of the Yale Journal of International Law and a student director of the Community Economic Development Clinic. He is an active member of Arnold & Porter's Pride affinity group for LGBT lawyers.
- Federal Housing Finance Agency, the Conservator for Fannie Mae and Freddie Mac, in complex litigation pending in dozens of federal and state district and appellate courts:
- Hundreds of cases nationwide concerning the federal statutory protection extended to the assets of Fannie Mae and Freddie Mac while in conservatorship, including FHFA v. SFR Investments Pool 1, LLC, 893 F.3d 1136 (9th Cir. 2018), Berezovsky v. Moniz, 869 F.3d 923 (9th Cir. 2017), Daisy Trust v. Wells Fargo Bank, N.A., 445 P.3d 846 (Nev. 2019), and Saticoy Bay LLC Series 9641 Christine View v. Fannie Mae, 417 P.3d 363 (Nev. 2018);
- Dozens of cases concerning the federal statutory tax exemptions of FHFA, Fannie Mae, and Freddie Mac, including Montgomery County Commission v. FHFA, 776 F.3d 1247 (11th Cir. 2015) and DeKalb County v. FHFA, 741 F.3d 795 (7th Cir. 2013);
- Litigation against institutional shareholders' attempts to undo portions of the funding agreement between FHFA and the US Treasury, including Perry Capital LLC v. Mnuchin, 864 F.3d 591 (D.C. Cir. 2017).
- A government contractor in a contract dispute before the General Services Administration's Civilian Board of Contract Appeals.
- An aircraft manufacturer in litigation, defending against claims of fraud, negligent misrepresentation, and breaches of express and implied warranties.
- A major sports league in negotiations and federal agency proceedings involving copyright royalties paid to retransmit broadcast TV programming pursuant to statutory licenses under the Copyright Act.
- Ouch v. Federal National Mortgage Association, et al., --- F.3d ----, 2015 WL 5001013 (1st Cir. 2015), successfully defended mortgage lending subsidiary of an international financial institution against allegations that the securitization process barred foreclosure despite borrowers' defaults.
- Vincent v. The Money Store. Successfully defended mortgage lending subsidiary of an international financial institution in purported class action involving default and foreclosure practices for residential mortgage loans (S.D.N.Y. 2012).
- US Bank Nat. Ass'n v.WMC Mortg. Corp. Successfully defended EquiFirst Corp. against claims for alleged breach of representations and warranties in connection with origination and securitization of residential mortgage loans (D. Minn. 2012).
- Domestic bank in a putative federal class action concerning overdraft fees and posting order in district court proceedings and through nationwide settlement implementation.
- Won dismissal of breach of contract claims against foreign sovereign in the Southern District of New York, a decision affirmed by the Second Circuit.
- Won trademark infringement case on behalf of nonprofit organization against a clothing manufacturer, and successfully defended decision on appeal to the Second Circuit.
- JD, Yale Law School, 2008
- BA, Yale University, 2005
- District of Columbia
- New York
- Supreme Court of the United States
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the District of Columbia Circuit
- US District Court, Southern District of New York
- US District Court, Western District of New York
- US District Court, Southern District of New York, The Honorable Denise Cote
Member, American Bar Association
Member, District of Columbia Bar Association
Annual Meeting Program Committee Member, American Society of International Law