Markham Leventhal has a national practice focusing on the representation of financial institutions, insurers, and other sophisticated businesses in complex federal and state litigation. His litigation experience extends to retirement plan litigation, reinsurance litigation, securities litigation, unfair competition, fraudulent transfer litigation, trademark and copyright infringement, arbitration, and federal and state court appeals.
Markham is frequently called upon to defend national and state class actions and other high exposure cases involving allegations of fraud, inadequate disclosure, breach of contract, breach of fiduciary duty, bad faith, regulatory violations, deceptive trade practices, false advertising, and alleged statutory violations of privacy statutes, RICO, ERISA, the FLSA, antitrust statutes, and state consumer protection laws.
Markham has litigated in federal and state courts across the United States and has defended over 150 class actions. He has extensive experience managing multijurisdictional litigation, including parallel civil and regulatory proceedings, and has served as lead or national coordinating counsel in multiple jurisdictions including New York, New Jersey, Florida, Alabama, Arkansas, California, Connecticut, Colorado, Georgia, Illinois, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, New Mexico, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Washington, D.C., Washington state, and West Virginia.
He also assists businesses with individual and multistate regulatory examinations, investigations, and enforcement actions. Markham has defended civil investigative demands, subpoenas, and lawsuits brought by State Attorneys General, insurance regulators, and other governmental agencies.
Markham also frequently assists clients in analyzing class action exposure, and in mitigating and preempting class action litigation through the review of business practices, risk assessments, and the design of remediation programs.
A veteran appellate practitioner, Markham has served as lead counsel in appellate matters before the U.S. Supreme Court, the U.S. Courts of Appeal for the Second, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuits, and state appellate courts throughout the country.
Markham is a member of the Class and Derivative Actions Committee of the ABA Section of Litigation, the DRI’s Data Management and Security Committee, and the Sedona Conference Working Group on Data Security and Privacy Liability.
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