Markham R. Leventhal is a litigation partner at Jorden Burt LLP with a national practice focusing on the defense of financial institutions, insurers, and business interests in complex federal and state litigation. Mr. Leventhal 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, regulatory violations, deceptive trade practices, false advertising, violations of RICO, TILA, ERISA, antitrust statutes, and state consumer protection laws. His litigation experience extends to reinsurance, fraudulent transfer litigation, securities litigation, unfair competition, intellectual property issues, infringement actions, arbitration, and federal and state court appeals.
Mr. Leventhal has litigated in federal and state courts across the United States, and has defended over 150 class actions. He 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, New Mexico, North Carolina, Oklahoma, Pennsylvania, South Carolina, Rhode Island, West Virginia, Tennessee, and Texas. He has assisted clients in managing complex litigation, multijurisdictional litigation, including MDL proceedings, and parallel civil and regulatory proceedings.
Mr. Leventhal is a veteran appellate practitioner known for his legal writing and technical skills. He 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, Tenth, and Eleventh Circuits, and state appellate courts throughout the country. Mr. Leventhal is the chair of the firm's National Trial practice team.
Speeches and Publications
· Speaker: "Class Action and Complex Litigation Developments Affecting The Life Insurance Industry," National Alliance of Life Companies, Spring Conference, Longboat Key, FL (April 2011)
· Speaker: "Class Action and Individual Litigation Developments," 15th Annual Advanced ALI-ABA Conference on Insurance and Financial Services Litigation, Chicago, IL (July 2010)
· Speaker: "Developments in Life Insurance Class Action Litigation," National Alliance of Life Companies, Spring Conference, Rancho Mirage, CA (April 2005)
· Speaker: "Emerging Trends in Class Actions, Bad Faith and Market Conduct Examination," ABA Mid-Winter Meeting, Tort Trial & Insurance Practice Section, Phoenix, AZ (January 2005)
· Speaker: "Class Actions: Developments in Life Insurance And Annuity Litigation," ALI-ABA Conference on Life Insurance Company Products (November 2002)
· Speaker, "Litigation Technology in the Courtroom," ALI-ABA Conference on Life and Health Insurance Litigation (May 2000)
· Author: "Class Actions: Fundamentals of Certification Analysis," in Florida Bar Journal (May 1998)
· Contributing author: Chapter 2, "Preemption," in the HANDBOOK ON ERISA LITIGATION (Aspen Law & Business)
· Author: "Civil Conspiracy and Aiding-Abetting: Discussing the Structure of the Theories and Related Principles of Legal Causation," 14 SETON HALL LAW REVIEW 627 (1984)
Professional Affiliations
· Member, American Bar Association: Litigation Section, Class and Derivative Actions Committee, and Corporate Counsel Committee; Tort and Insurance Practice Section (TIPS)
· Member, Miami-Dade County Bar Association: Federal Court Committee
(Also at Miami, Florida Office)