Clifton S. Elgarten, resident in the D.C. office and frequent visitor to the New York office, received his BA, magna cum laude, in 1975 from the City College of New York and his JD, summa cum laude, from the Benjamin N. Cardozo School of Law, Yeshiva University, in 1979. After graduating from law school, he was law clerk to the Honorable Louis H. Pollak, United States District Judge for the Eastern District of Pennsylvania, and later to the Honorable William J. Brennan, Associate Justice, United States Supreme Court. He is a member of the bars of the State of New York and the District of Columbia.
Cliff's practice is diverse and includes appeals, arbitrations, and trial court work. Over the course of his career, appellate advocacy has been a primary practice area, covering the gamut of cases and appellate issues in the U.S. Supreme Court, many federal circuits, and in various state appellate courts, particularly in New York. He frequently advises as well on issues of constitutional law and appellate practice. He is listed as a Washington Super Lawyer for Appellate Litigation.
His trial work involves practice before arbitrators, judges and juries, on topics ranging from breach of contract and fraud, terminations, non-competition agreements, competitive bidding, teaming agreements, insurance and, in the international arena, expropriations and treaty violations. He has represented bankruptcy estates and, in 2008 concluded a representation of the Enron Creditors Recovery Corp., obtaining recoveries in excess of $1.6 billion from banks that were alleged to have contributed to Enron's collapse. In addition to domestic commercial arbitration cases, he has brought to final hearing cases involving Israel, Uzbekistan, Kazakhstan, and Egypt, including several investor-state cases.
In the realm of insurance coverage, he has litigated issues concerning late notice, allocation, the duty to defend, and bad faith, arising in cases involving products liability and environmental contamination. He has successfully handled appeals on a range of insurance and reinsurance topics in both state and federal courts, arising from products liability, environmental contamination, and construction accidents.
Finally, Cliff has long been deeply involved in the pursuit of claims on behalf of victims of international terrorism, both in federal court proceedings and before the Foreign Claims Settlement Commission.
Affiliations
Admitted to practice: District of Columbia, New York, U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Third Circuit, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Fifth Circuit, U.S. Court of Appeals for the Eleventh Circuit, U.S. Court of Appeals for the District of Columbia Circuit, U.S. Court of Appeals for the Second Circuit, U.S. Court of Appeals for the Tenth Circuit, U.S. Court of Appeals for the Eighth Circuit, U.S. District Court for the District of Columbia, U.S. District Court for the District of Maryland, U.S. District Court for the Southern District of New York, and U.S. District Court for the Western District of Texas
Insights
Publications
Client Alerts & Newsletters
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"Supreme Court Rules in Favor of Health Plans in Landmark $13 Billion Affordable Care Act Case,"
Government Contracts Bullet Points
(April 28, 2020).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten, Skye Mathieson, Charles Baek
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"U.S. Supreme Court Hears Argument in Maine and Companion Cases,"
Government Contracts Bullet Points
(December 10, 2019).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten
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"Court of Federal Claims Grants Summary Judgment in Affordable Care Act "Reinsurance" Litigation,"
Government Contracts Bullet Points
(October 8, 2019).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten, Monica DiFonzo Sterling, Charles Baek, Skye Mathieson
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"Supreme Court Grants Certiorari in Tucker Act Case Regarding ACA Payments,"
Government Contracts Bullet Points
(June 24, 2019).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten
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"Health Plans Seek Supreme Court Review in ACA "Risk Corridors" Cases,"
Health Care Alert
(February 12, 2019).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten
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"Plaintiffs Seek Supreme Court Review in Federal Circuit Tucker Act Case,"
Government Contracts Bullet Points
(February 12, 2019).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten, Charles Baek
Press Coverage
Firm News & Announcements
| August 19, 2021 |
The Best Lawyers in America 2022 Recognizes 53 Crowell & Moring Attorneys, One Selected as Lawyer of the Year |
| July 20, 2021 |
Crowell & Moring Named to Global Arbitration Review’s 2021 “GAR 100” List |
| March 5, 2021 |
Fourth Circuit Grants Petition for Review in Crowell & Moring and CAIR Coalition Asylum Appeal |
| August 20, 2020 |
The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year |
| April 28, 2020 |
Maine Community Health Options Wins U.S. Supreme Court Ruling Enforcing Government Payment Obligation Under Affordable Care Act ‘Risk Corridor’ Cases |
| August 16, 2019 |
The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year |
| August 15, 2018 |
The Best Lawyers in America 2019 Recognizes 38 Crowell & Moring Attorneys |
| October 31, 2017 |
The Best Lawyers in America 2018 Recognizes 40 Crowell & Moring Lawyers |
| October 6, 2017 |
LITIGATION NOTE: DuPont Prevails in Antitrust Price-Fixing Lawsuit |
| August 4, 2017 |
Crowell & Moring Partner Stuart Newberger Named American Lawyer’s Litigator of the Week for Winning Argument in Terrorism Ruling against Sudan |
| July 30, 2017 |
Federal Appeals Court Affirms Multi-Billion Judgment for Victims of 1998 U.S. Embassy Bombings in Kenya and Tanzania |
| May 5, 2017 |
Crowell & Moring Featured in Global Arbitration Review’s 10th Annual "GAR 100" List |
| March 14, 2017 |
Litigation Note: Crowell & Moring Wins Appellate Victory Affirming Summary Judgment on Tying and Exclusive Dealing Case |
| December 16, 2016 |
Litigation Note: Supreme Court of California Denies Appeal in Medivation, Inc. v. Aragon Pharmaceuticals |
| August 18, 2016 |
The Best Lawyers in America 2017 Recognizes 38 Crowell & Moring Attorneys |
| March 22, 2016 |
Crowell & Moring Featured in Global Arbitration Review’s 9th Edition “GAR 100” List |
| October 27, 2015 |
Super Lawyers Recognizes 90 Crowell & Moring Attorneys |
| August 25, 2015 |
The Best Lawyers in America 2016 Recognizes 39 Crowell & Moring Attorneys |
| September 30, 2014 |
Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys |
| August 28, 2014 |
The Best Lawyers In America 2015 Recognizes 40 Crowell & Moring Attorneys |
| May 27, 2014 |
Crowell & Moring's Insurance/Reinsurance Group Nominated for Chambers USA "Award of Excellence" |
| September 3, 2013 |
The Best Lawyers In America 2014 Recognizes 41 Crowell & Moring Attorneys |
| September 1, 2013 |
Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys |
| June 10, 2013 |
Litigation Note: Crowell & Moring Client General Motors Prevails in $3 Billion Suit |