Overview
Markham Leventhal has a national practice focusing on the representation of financial institutions, insurers, and other sophisticated businesses in complex litigation. Markham has litigated in federal and state courts across the United States and has defended more than 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.
Markham is frequently called upon to defend class actions and other high-exposure cases involving claims 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 RICO, ERISA, the TCPA, the FLSA, privacy statutes, antitrust statutes, and state consumer protection laws. He has defended cases involving virtually every insurance or financial product issued by the life, annuity, and retirement industries, including national ERISA class actions involving retirement plans. His litigation experience extends to reinsurance litigation, securities litigation, unfair competition, fraudulent transfer litigation, trademark and copyright infringement, arbitration, and federal and state court appeals.
Markham also defends against multistate regulatory examinations, investigations, and enforcement actions, including civil investigative demands, subpoenas, and lawsuits brought by state attorneys general, insurance regulators, and other governmental agencies.
In addition to his defense work, Markham frequently assists clients in avoiding or mitigating the risk of class action litigation through corrective measures and the design of outreach or remediation programs.
A veteran appellate practitioner, Markham has served as lead counsel in appellate matters before the U.S. Supreme Court, the U.S. Court of Appeals 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 Actions and Derivative Suits 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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