Eli Litoff

Associate ( Chicago )

Direct 312.471.8780 Fax 312.471.8701 LinkedIn

Bio

A versatile litigator in the truest sense, Eli Litoff is equally adept at defending his clients against complex class actions in federal court, navigating their local matters in a county courthouse, and defending them against accusations by the government.

Eli’s civil practice focuses on class actions and complex commercial litigation. He understands both sides of the “v.,” having successfully prosecuted and defended actions for his clients. He has courtroom experience handling civil RICO, fraud, breach of contract, trade secret misappropriation, and many other commercial disputes. He has also successfully prosecuted and defended federal civil rights actions.

In addition, Eli regularly represents individuals and companies in government investigations and white collar criminal prosecutions. Eli has investigated and defended cases involving mail fraud, wire fraud, bankruptcy fraud, bribery, money laundering, and violations of the Anti-Kickback Statute. He also advises clients on compliance programs, including conducting anti-corruption and anti-bribery due diligence.

Thorough preparation, candor, and diligence are the touchstones of Eli’s results-driven practice. His measured approach to litigation is informed by the insights he gained inside judges’ chambers, having served as a Judicial Extern to the Honorable Rebecca R. Pallmeyer and the Honorable Jeffrey T. Gilbert in the U.S. District Court for the Northern District of Illinois.

 

Experience

Representative Engagements

Commercial Litigation and Class Actions

  • Successfully defended a leading airline in putative consumer class actions across the country asserting a variety of claims, including breach of contract, fraud, unjust enrichment, violation of the RICO Act, and violation of the Sherman Antitrust Act.
  • Obtained summary judgment in favor of a business owner in a Cook County action brought by his former employee, alleging that the business owner converted funds from the employee’s retirement account.
  • Represented healthcare services provider in Cook County breach of contract action against a hospital, resulting in a favorable settlement for client.
  • Represented individual employees of a company in a temporary restraining order and preliminary injunction action brought by their former employer for alleged misappropriation of trade secrets, tortious interference with business relations, and breach of fiduciary duty.
  • Obtained favorable settlement for a state University following the filing of a persuasive motion to dismiss in an action alleging excessive force by a University police officer.
  • Representing healthcare company in civil RICO action arising out of fraud committed by former company executives.
  • Representing the CEO of a public company in a class action alleging violations of the federal securities laws.

White Collar Defense, Investigations, and Compliance

  • Represented a healthcare company in a U.S. Attorney’s Office investigation involving fraud committed by the company’s top executives. The investigation concluded with no charges against the company.
  • Obtained a sentence of time served for the President of business accused of bribery and corruption involving the New York City Police Department, in a Department of Justice investigation conducted by the Southern District of New York.
  • Represented individual employees of a chemical company in investigation following fatal explosion in the company’s plant.
  • Counseled leading airline in developing third party anti-bribery due diligence compliance program and conducted due diligence on third parties globally.
  • Representing an attorney charged with wire fraud and bankruptcy fraud.

Pro Bono Service

  • Eli was part of the team of lawyers involved in the quadruple exoneration of the “Marquette Park 4”: four men who as teenagers were convicted of a double murder and armed robbery that they did not commit, and were exonerated over 20 years later.
  • Successful appeal on behalf of a client who was denied bond while awaiting retrial after his wrongful conviction was overturned. Eli convinced the Illinois Court of Appeals to not only reverse the denial of bond, but also to set a low bond that his client’s family could afford, resulting in his client’s release from custody after two decades of wrongful incarceration.  
  • Successfully argued for and obtained a Certificate of Innocence for a man who spent over 20 years in prison for a crime he did not commit. 
  • Lead author of a brief in the United States Court of Appeals for the Eleventh Circuit, which successfully argued that the district court misapplied the Prison Litigation Reform Act’s “three strikes” rule, obtaining reversal of the district court’s opinion and removal of a “strike” from his client’s record.
  • Obtained favorable settlement for prisoner in an action alleging that he received inadequate medical care while incarcerated.

Credentials

Education

Loyola University Chicago School of Law, J.D. 2014, summa cum laude
Lead Articles Editor, Loyola University Chicago Law Journal
Chief Justice, Loyola University Chicago Moot Court Program

University of Illinois at Urbana-Champaign, B.S., Business Administration, 2009, with honors

Bar Admissions

Illinois
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Central District of Illinois
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Eleventh Circuit

Professional Memberships

ACLU of Illinois Next Generation Society, Board Member

Honors & Awards

Award for Excellence in Pro Bono Service, United States District Court, Northern District of Illinois (2016)

Publications & Presentations

“Lessons from Facebook’s Record $550 Million Biometric Settlement,” (co-author) Illinois State Bar Association’s Bench & Bar Section Council Newsletter (March 2020, vol. 50, no. 6)

“Rule 502:  Something Illinois Litigants Can Learn From Federal Courts,” (co-author) Illinois State Bar Association’s Bench & Bar Section Council Newsletter (May 2017, vol. 47, no. 10)

“Proportionality in e-Discovery: The Illinois Appellate Court Seeks to Find the Right Fit,” (co‚ÄĎauthor) Illinois State Bar Association’s Bench & Bar Section Council Newsletter (April 2017, vol. 47, no. 9)

“Rule of Preservation in Appellate Law,” (co-author) Daily Report (September 17, 2013)