Elliot Magruder is a New York litigation attorney and a member of Holland & Knight's Litigation and Dispute Resolution Practice. He has experience in all aspects of the litigation process and routinely appears in federal and state court in matters involving cross-border litigation, including in disputes concerning judgment enforcement, insolvency, asset recovery, foreign discovery and U.S. Bankruptcy Code Chapter 15 actions. Mr. Magruder represents international creditors, including multiple litigation funders, in numerous enforcement cases. Mr. Magruder also serves as counsel for liquidators and other representatives appointed in foreign insolvency proceedings in Europe, Asia, South America and multiple offshore jurisdictions.
Mr. Magruder's representative matters include:
- counsel to the Cayman Islands-based liquidators of a collapsed New York-based hedge fund formerly with assets under management in excess of $1 billion in multiple litigations, including successfully opposing two rounds of motions to dismiss and motions for summary judgment, and defeating opposition to discovery in Chapter 15 proceeding
- counsel to the Middle Eastern affiliate of a medical technology company in connection with the multijurisdictional enforcement of a $60 million arbitral award and certain guarantees, and prevailing in three federal and state court appeals
- counsel to a litigation funder in judgment enforcement and conspiracy actions pending in multiple jurisdictions, including New York, the United Arab Emirates and the United Kingdom
- counsel to an investment fund in connection with a highly contested 28 U.S.C. § 1782 discovery application in support of Luxembourg criminal proceedings and obtaining favorable federal appeals court decisions in the U.S. Courts of Appeals for the Second Circuit and Eleventh Circuit
- counsel to an investment fund in New York enforcement proceedings against instrumentalities of a foreign state and obtaining recovery to date of multiple millions of dollars
- counsel to a European investment fund in 28 U.S.C. § 1782 proceeding in the Southern District of New York spanning nearly a decade and obtaining plenary discovery for use in Cyprus proceedings
- counsel to a Cayman Island-based liquidator in hotly contested parallel proceedings in district court and bankruptcy court involving allegations of fraud by governmental authorities
- counsel to a European bank in recognition and enforcement of a $75 million judgment issued in the Russian Federation and associated investigations, including defeating multiple appeals to lower court enforcement orders
- counsel to a European financial institution in obtaining dismissal with prejudice of multiple federal claims alleging violations of enforcement statutes
- counsel to the foreign representative of New Jersey-based investment fund, and obtaining one of first-known recognition of a voluntary liquidation in the U.S. Bankruptcy Court for the Southern District of New York
- counsel to the class plaintiffs in worldwide enforcement action against operators of fraudulent cryptocurrency exchange seeking recovery in excess of $50 million
- counsel in a Chapter 15 recognition action to voluntary liquidators in Guernsey insolvency proceeding and obtaining emergency discovery relief
- counsel in a successful Chapter 15 recognition petition filed in support of proceedings in, among other jurisdictions, the Cayman Islands, British Virgin Islands, Brazil and the first-known successful petition submitted by a Norwegian foreign representative
- counsel to a Hong Kong-based investment fund in enforcing a judgment and securing an attachment over intangible property valued at more than $25 million
Prior to joining Holland & Knight, Mr. Magruder worked in the sports industry, including in positions at ESPN and on both the management and labor sides of multiple professional sports organizations.
- Georgetown University Law Center, J.D.
- University of Arizona, B.A., Political Science, magna cum laude
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- Holland & Knight Pro Bono All-Star, 2020