David J. Elliott
djelliott@daypitney.com

Hartford
242 Trumbull Street
Hartford, CT 06103
T: (860) 275 0196
F: (860) 881 2447

David J. Elliott – Partner

Professional Experience

David Elliott is chair of the firm's Shareholder and Securities Litigation practice group. Throughout his career, Mr. Elliott has handled complex civil litigation. His experience includes broad trial experience in the state and federal courts on commercial, medical malpractice, business tort, and product liability matters. His current litigation practice involves trials, arbitrations, and appeals of complex litigation involving business disputes and, in particular, securities, banking, and financial services litigation. Mr. Elliott's experience involves federal securities and accountant liability class action litigation, shareholder derivative litigation, and a variety of litigation and regulatory enforcement matters before state and federal agencies. In financial services matters, he has represented broker/dealers, banks, officers, directors, professional advisors, and individuals. He has headed internal investigations for clients in the securities industry, and otherwise, in connection with regulatory inquiries and enforcement actions. He has represented both plaintiffs and defendants in contested matters, including litigation proceedings in Connecticut, New York, Massachusetts, and Florida, and in regulatory proceedings involving the Securities and Exchange Commission, FINRA, and numerous state regulatory authorities, including the Connecticut Department of Banking, the Securities and Business Investments Division, the Department of Public Health, and the Consumer Protection Department. He has briefed and argued numerous appeals in the Connecticut Supreme and Appellate Courts. Mr. Elliott was also an adjunct professor for the University of Connecticut School of Law, 1979-1990.

Mr. Elliott served as law clerk for The Honorable Joseph S. Longo, Supreme Court of Connecticut, 1978-1979.

Practice Areas

Representative Matters

  • Involved in numerous internal and external investigations of publicly traded companies brought by state and federal regulatory authorities
  • Involved in complex litigation, including class actions, involving defense of professional liability claims against national and international accounting firms
  • Representative securities and derivative cases include the following:

    New England Bank/United Bank Merger (shareholder derivative demand defeated) (2012);

    In Re Connecticut Bank and Trust Securities Litigation (dismissal of derivative and class action litigation) (Connecticut Superior Court-2012);

    In Re L-1 Shareholders Litigation (Connecticut Superior Court);

    In Re: Neurogen Securities Litigation (Guzman v. Neurogen) (New Haven Superior Court) (putative class action to enjoin merger transaction);

    In Re: Microsoft Securities Litigation (Ginman v. Microsoft) (Hartford Superior Court) (putative class action to enjoin $500 million merger);

    In Re: Advo, Inc. Securities Litigation (D. CT) (putative securities fraud class action);

    In Re: Golden v. Advo, Inc. (D. CT) (derivative action);

    In Re: United Rentals, Inc. Sec. Litig. (D. CT);

    Gordon v. United Rentals, Inc. (D. CT) (derivative action);

    Brundridge v. United Rentals, Inc. (CT Super. Ct.) (derivative action);

    Berger v. Gerber Scientific, Inc. (D. CT) (consolidated federal securities fraud lawsuits);

    In Re: Northeast Utilities Sec. Litig. (D. CT);

    Allen v. Johansson (D. CT) (putative class action alleging accountant professional liability under '33 Act);

    In Re: Value Health Sec. Litig. (D. CT) ('33 and '34 Act claims related to corporate acquisition);

    First New York Securities, Inc. v. United Rentals, Inc. (10b-5 action)

  • Successfully prosecuted on behalf of state agency complex professional advisor liability case involving multimillion-dollar settlement
  • Successfully defended large publicly traded prescription drug company in certified shareholder class action
  • Successfully defended state securities law prosecution brought by regulatory authorities against broker-dealer alleging micro-cap stock violations and involving jurisdictional issues of first impression in Connecticut
  • Complex litigation involving multimillion-dollar church property dispute
  • Complex litigation involving Indian land claims, Indian federal acknowledgement petitions, and casino gambling issues; including successful resolution in Second Circuit Court of Appeals

News, Publications & Presentations

Education

  • Suffolk University Law School, J.D., cum laude, 1978
  • University of Connecticut, B.A., cum laude, 1975

Admissions

  • State of Connecticut
  • U.S. District Court, District of Connecticut
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Supreme Court

Professional Affiliations

  • American Bar Association, Section of Litigation, Securities Litigation Committee, Appellate Practice Committee
  • Hartford County Bar Association, Business Litigation Committee, co-chair
  • Defense Research Institute, Business Litigation Committee (state liaison); Industrywide Litigation Committee
  • Connecticut Bar Association, Litigation Section; Committee on Superior Court Civil Rules; Pro Bono Committee
  • Connecticut Evidence Code (2000) Drafting Committee
  • U.S. District Court, District of Connecticut, Special Master, 1994-present
  • Superior Court, Judicial District of Hartford, Special Master, 1991-present
  • University of Connecticut, School of Law, instructor in law, 1979-1990

Outside Interests

  • Corporator, Connecticut Community Care, Inc.
  • Director, Team Tobati, LLC
  • American Cancer Society, Connecticut Patient Navigator Program

Awards and Achievements

  • Connecticut Bar Foundation, James W. Cooper Fellow

  • American Bar Foundation, Fellow

  • Recognized as a Connecticut Super Lawyer, 2006-2014

  • Recognized as a New England Super Lawyer, 2010-2014

  • Recognized as a Super Lawyer, Corporate Counsel edition, 2010