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.
- Federal Housing Finance Agency, the Conservator for Fannie Mae and Freddie Mac, in complex litigation pending in dozens of federal district and appellate courts, including: Montgomery Cnty. Comm'n v. FHFA, 776 F.3d 1247 (11th Cir. 2015); Perry Capital LLC v. Lew, 70 F. Supp. 3d 208 (D.D.C. 2014); DeKalb Cnty. v. FHFA, 741 F.3d 795 (7th Cir. 2013); Skylights v. Byron, No. 2:15-cv-0043-GMN-VCF, 2015 WL 3887061 (D. Nev. June 24, 2015).
- Ouch v. Federal National Mortgage Association, et al., --- F.3d ----, 2015 WL 5001013 (1st Cir. 2015), successfully defended Barclays Capital Real Estate, Inc. against allegations that the securitization process barred foreclosure despite borrowers' defaults.
- Vincent v. The Money Store. Successfully defended Barclays Capital Real Estate, Inc. in purported class action involving default and foreclosure practices for residential mortgage loans (S.D.N.Y. 2012).
- U.S. 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.
Seller Beware: Consumer Protection Insights for Industry,
- JD, Yale Law School, 2008
- BA, Yale University, 2005
- District of Columbia
- New York
- US Court of Appeals for the District of Columbia Circuit
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second 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