Elliot C. Harvey Schatmeier

Obtained a complete defense victory for brokerage firm in a FINRA arbitration involving more than $40 million dollars in alleged damages. Although motions to dismiss are rarely granted in FINRA arbitrations, the three-arbitrator Panel unanimously granted Bird Marella’s motion to dismiss the case at the close of the claimant’s evidence.

Secured a complete dismissal of all claims asserted against client Compass (NYSE: COMP), a top real estate brokerage, in a federal trade secrets lawsuit brought in the Central District of California by one of its competitors. The Court granted the firm’s motion to dismiss in its entirety on the first attempt.  

Trial counsel for two families in a high-profile dispute with developer Mohamed Hadid regarding an illegal mansion Hadid built in Bel Air. Following a six-week trial in which every lawyer, witness, and juror wore masks (and some jurors and witnesses participated by Zoom), secured a multi-million dollar verdict for clients as well as an order requiring that the mansion be demolished.

Litigation counsel for a publicly-traded California bank in a complex fraudulent transfer action against the financial institution’s former customers arising from their failure to repay a $9 million commercial loan. After taking over the case for another law firm, defending multiple dispositive motions, and vigorously pursuing discovery against newly-named parties, the defendants agreed to pay a favorable settlement on the eve of trial.

Counsel for healthcare company in an internal investigation involving accounting irregularities. The investigation resulted in remedial actions taken by the client.

Litigation counsel for a prominent California law firm in a False Claims Act case of first impression, alleging the firm “fraudulently” induced its former client, a public agency, to disburse several million dollars in public funds. Elliot and Bird Marella aggressively litigated the relator’s standing to pursue the case, and obtained a writ of mandate from the California Court of Appeal finding that the relator had a conflict of interest that precluded them from participating in agency decisions relating to the lawsuit. After filing summary judgment motions, then persuading the Court of Appeal to stay all trial court proceedings, Elliot and Bird Marella were able to settle the case for a small fraction of the public funds at issue.

PRO BONO EXPERIENCE

Prison Reform

Elliot successfully represented a pro bono client unjustly committed to more than 25 years of solitary confinement in New York correctional facilities, the second-longest tenure in New York State history. After Mr. Proctor’s procedural and substantive due process claims were dismissed at summary judgment, Elliot successfully convinced the Second Circuit to overturn the decision and to set a new standard for procedural due process claims raised by inmates housed in solitary confinement. See Proctor v. LeClaire, 846 F.3d 597 (2d Cir. 2017).

Immigration Rights

Elliot has also successfully represented asylum seekers before the Department of Homeland Security, who sought refugee status in the United States on the basis of their LGBT status or their victimization by organized crime.

Panelist, Collective Voices: Celebrating Latino and Hispanic Heritage Month, October 2023