Elliot H. Scherker: Lawyer with Greenberg Traurig, LLP

Elliot H. Scherker

Co-Chair, Appellate Practice; Chair, Miami Appellate Practice
Miami,  FL  U.S.A.

Peer Rating
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Appellate
  • Environmental
  • Government Litigation
Contact InfoTelephone: 305.579.0579
Fax: 305.579.0717
University University of Miami, B.A., 1972
Law SchoolUniversity of Miami School of Law, J.D., 1975
Admitted1975, Florida; U.S. Court of Appeals for the District of Columbia Circuit; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the First Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Seventh Circuit; U.S. Court of Appeals for the Sixth Circuit; U.S. Court of Appeals for the Tenth Circuit; U.S. Court of Appeals for the Third Circuit; U.S. District Court for the Southern District of Florida; Supreme Court of the United States

Professional & Community Involvement
•fellow, American Bar Foundation
•fellow, American Academy of Appellate Lawyers
•Member, American Law Institute
•Member, American Bar Association
•Member, Baptist Health Founders Society
•Board of Legal Specialization & Education, The Florida Bar, 2006-2012
•Appointed by Chief Justice to Committee on Judicial Evaluations, Florida Supreme Court, 2006-2007

BornNew York, N.Y., January 7, 1952

With 40 years of experience as an appellate lawyer and more than 2,000 appeals in state and federal courts, Elliot brings a practical and client-centered approach to his work. He is Co-Chair of the firm's National Appellate Practice.

Areas of Concentration

•Appellate practice
• Constitutional litigation
• Environmental and land use litigation
• White collar criminal defense
• Bankruptcy appeals
• Litigation trial support
• Securities litigation

Awards & Recognition
•Listed, South Florida Legal Guide, Top Lawyer, 2004-2015
•Listed, The Best Lawyers in America, Appellate Practice; Criminal Defense: White-Collar; Personal Injury Litigation - Defendants, 2001-2015
• Lawyer of the Year, White-Collar Criminal Defense Law, 2011; Personal Injury Litigation - Defendants, 2011; Appellate Law, 2010
•Listed, The Legal 500 United States, Litigation - Supreme Court and Appellate, 2008 and 2014
•Listed, Chambers USA Guide, Appellate Practice, 2003-2014
•Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2014
• Top 100 Lawyers in Florida, 2011-2013
•Listed, Florida Trend magazine - Appellate Litigation, 2004-2013
• Hall of Fame, 2013
• Legal Elite, 2004-2012
•Team Member, a Law360 Product Liability Practice Group of the Year, 2011
•Team Member, Champions of Equality Award (based on role in landmark Florida gay adoption case), SAVE DADE Foundation, May 2011
•Recipient, Daily Business Review, Most Effective Lawyer Award, Appellate Category, 2010
•Team Member, a Law360 Appellate Practice Group of the Year, 2010
•Recipient, C. Clyde Atkins Civil Liberties Award, ACLU of Florida Greater, Miami Chapter, May 2009
•Rated, AV Preeminent 5.0 out of 5

AV, BV, AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Associated News & Events

Press Releases

01.21.15 51 Greenberg Traurig Attorneys Recognized by South Florida Legal Guide

11.14.14 Greenberg Traurig's Environmental Practice Receives Top Tier Rankings in U.S. News - Best Lawyers 2015 'Best Law Firms' List

08.19.14 129 Greenberg Traurig Florida Attorneys Listed In Best Lawyers In America 2015

07.15.14 Greenberg Traurig Ranked in 2014 Legal 500 United States Guide

07.07.14 12 Greenberg Traurig Attorneys Named 2014 Florida Trend Legal Elite

07.02.14 96 Greenberg Traurig Attorneys Named 2014 Florida Super Lawyers

05.29.14 53 Greenberg Traurig Florida Attorneys Included in 2014 Chambers USA Guide

05.23.14 Greenberg Traurig Attorneys, Practices Included in 2014 Chambers USA Guide

07.09.13 Greenberg Traurig Attorneys Recognized as Florida Legal Elite by Florida Trend

06.11.13 55 Greenberg Traurig Florida Attorneys Included In 2013 Chambers USA Guide


04.15.14 Federal Appeals Court Holds SEC Conflict Minerals Rules Violate Free Speech

03.15.10 First Circuit En Banc Decision Clarifies Standard for Liability Under SEC Rule 10b-5(b)

Articles, Publications, & Lectures

•Mentioned, Ex-Stiefel Exec. Can't Toll Stock Claims, 11th Circ. Rules, Law360, January 2, 2015
•Mentioned, The Biggest Product Liability Cases of 2014: Midyear Report, Law360, July 9, 2014
•Co-Author, Federal Appeals Court Holds SEC Conflict Minerals Rules Violate Free Speech; Reporting Obligations Uncertain as Final Outcome Likely to be Months Away, GT Alert, April 15, 2014
•Recognized, For Greenberg team handling BDO appeal, failure was 'not an option, Daily Business Review, Appellate Law, 2010
•Co-Author, Rights, Remedies and Ratiocination: Toward a Cohesive Approach to Appellate Review of Land Use Orders After Board of County Commissioners of Brevard County v. Snyder, Stetson University Law Review Land Use Symposium, 1995

•Co-Author, Florida Bar's Florida Appellate Practice, 1977-2000 and 2006

Noteworthy Experience
•Board Certified, Appellate Law, The Florida Bar
•Appointed, The Florida Bar President, Board of Legal Specialization and Education, 2006-2012
•Appointed, The Florida Bar President, Appellate Rules Committee, 1997-2001

Reported CasesSignificant Representations: Represented Lorillard Tobacco Company on appeal from $145 billion judgment against the five major American tobacco companies, the largest damage award in American legal history; presented oral argument in both the Third District Court of Appeal and the Florida Supreme Court on behalf of all five companies, resulting in damages judgment being reversed.; Overturned $521 million judgment against BDO Seidman.; Obtained reversal of $60 million punitive-damages judgments against former Arizona utilities commissioner in Ninth Circuit.; Prevailed before Florida Supreme Court and Eleventh Circuit for Wachovia on bank's liability under fraudulent transfer statutes for transferring monies subsequently found to be fruits of fraudulent actions.; Obtained forum non conveniens dismissal for Hilton International in major premises liability action, on appeal from order refusing to dismiss action.; Represented Walt Disney Company on appeal from $240 million judgment.; Represented Anheuser-Busch, Inc. on appeal from $74 million judgment.; Represented Florida Marlins in upholding judgment approving public-private contract for development of new baseball stadium.; Represented lessor against FDIC, prevailed on appeal in the Eleventh Circuit and obtained $16 million judgment.; Prevailed before an en banc Florida appellate court for hotel client on question whether landowners or hotels are liable for accidents and drownings resulting from natural and ordinary risks occurring in bodies of water.; Overturned $8 million judgment against Brinks, Inc. in action by driver charged with theft, on post-trial in federal district court; upheld judgment on appeal in Eleventh Circuit.

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Profile Visibility
#851 in weekly profile views out of 11,735 lawyers in Miami, Florida
#104,423 in weekly profile views out of 1,708,981 total lawyers Overall

Office Information

Elliot H. Scherker

333 SE 2nd Avenue, Suite 4400
MiamiFL 33131


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