Partner

Elliot Scharfenberg

LOUISIANA

Elliot Scharfenberg is a Partner at the Krebs Farley New Orleans office. His practice areas include bankruptcy, complex commercial litigation, construction litigation, subcontractor default insurance, and surety law.

Elliot Scharfenberg's practice focuses on surety law, subcontractor default insurance, construction disputes, bankruptcy, and complex commercial litigation.

Elliot loves being a lawyer. He particularly enjoys working with clients to understand difficult problems, identify what really matters, and develop practical solutions that may not be immediately obvious. He often becomes involved before litigation begins, when a lawyer can do the most to shape the outcome. Whether a matter calls for negotiation, a business solution, or aggressive litigation, Elliot’s objective is the same: to find the strategy that best advances the client’s interests rather than simply following the most conventional path.

Elliot has an extensive surety practice. He represents sureties in connection with performance and payment bond claims, bad-faith claims, indemnity disputes, bankruptcy proceedings, and troubled-account workouts. His work frequently requires him to bring together legal, financial, and operational considerations to resolve complex defaults. He also advises sureties on underwriting and transactional matters, including the development and revision of indemnity agreements, collateral and subordination agreements, producer agreements, powers of attorney, and bond forms.

When litigation is necessary, Elliot handles significant disputes in state and federal courts, bankruptcy courts, and arbitration proceedings. He handles matters across the country, and his experience ranges from focused disputes requiring an efficient and proportionate approach to high-exposure matters requiring the development and management of a substantial trial team. In either setting, he remains attentive to the relationship between the amount at stake, the cost of litigation, and the client’s broader business objectives.

Elliot also has substantial experience with subcontractor default insurance. He advises insurers on complex coverage questions, helps them develop strategies for investigating and resolving claims, and represents them in coverage and bad-faith disputes. His experience with SDI claims has also led insurers to retain him to draft and revise policy forms. That work gives him a perspective extending beyond any individual claim: he understands how policy language, claims practices, underwriting objectives, and real-world construction problems interact.

In addition, Elliot has a specialized area of practice representing sureties in connection with offshore oil and gas obligations, including plug-and-abandonment bond claims and workouts involving distressed operators. These matters often involve Gulf of Mexico assets and substantial financial and technical issues. Elliot works closely with petroleum engineers, financial advisers, and other professionals to develop solutions that account for both the governing legal obligations and the practical realities of the assets involved.

Across each area of his practice, Elliot brings the same approach: learn the client’s business, define the problems clearly, and find the most effective path to a favorable result.