Mr. Markert is General Counsel to the firm and a member of the Litigation Practice Group. His experience covers a broad range of commercial matters, including complex breach of contract, fraud, business tort, and securities disputes; corporate governance and control disputes; arbitrations and mediations, including matters administered by the Financial Industry Regulatory Authority (FINRA) and the American Arbitration Association; director and officer liability cases; attorney and accountant malpractice claims; significant insurance coverage disputes; commercial warranty claims; and numerous other litigated and arbitrated matters. Mr. Markert also counsels clients on risk management and litigation avoidance, and is experienced in conducting internal investigations.
Prior to joining Bleakley Platt in 2001, Mr. Markert was a partner in the litigation department of a major New York City law firm and had practiced at that firm and its predecessors for more than 20 years.
Representative Matters
•Successfully represented a media programming syndication firm and its owners in multiple actions in the federal and state courts involving disputes with a former business partner. Claims and counterclaims included breach of fiduciary duty, fraud, breach of contract, misappropriation of assets and business opportunities, and tortious interference with business relations. Ultimately resolved by a favorable settlement after obtaining a court ruling dismissing all of the opposing party’s claims in the main action.
•Successfully defended a major national law firm and its partners in federal and state court actions involving civil RICO, breach of fiduciary duty, legal malpractice and related claims, arising from the representation of a closely-held real estate holding company and its owners, leading to a favorable settlement.
•Successfully defended a firm of certified public accountants and its partners against claims of breach of fiduciary duty, fraud, and breach of contract arising from the firm’s work for a manufacturing client for which one of the partners also served as an officer and director.
•Successfully defended a major insurance carrier in a significant coverage dispute arising from its insured’s defense of charges brought by the SEC and New York State Attorney General arising from allegedly improper purchases and redemptions of mutual fund shares.
•Represented a securities broker in an investigation by the Chicago Mercantile Exchange and in a related arbitration proceeding commenced against him by his former employer, arising from alleged unauthorized trading activity in customer accounts. Negotiated favorable settlements in both instances.
•Successfully prosecuted claims in arbitration for breach of contract arising from the sale of stock in a securities brokerage. Obtained an award that included 100% of the client’s attorneys’ fees.
•Successfully defended a New York City residential co-operative in an arbitration involving claims for extra work asserted by a general contractor. The award dismissed all claims by the contractor and awarded the client its share of the arbitrator’s fees and other arbitration expenses.
•Represented the board of managers of a newly-constructed high-rise condominium in New York City in an action against the condominium sponsor and others, arising from numerous construction defects and omissions in the building, ultimately negotiating a favorable settlement for the condominium owners.
•Defended an experienced litigation attorney and the law firms in which he had been a partner in an action involving claims of legal malpractice, breach of fiduciary duty, and fraud. The plaintiffs alleged that the attorney and his firms had improperly perpetuated an underlying lawsuit for their own advantage, overbilled the plaintiffs for unnecessary hours and services, and failed to advise the plaintiffs of applicable law, causing the case to continue for years longer than it should have. Settled the case before trial on behalf of all defendants, for a small fraction of the amount demanded in the plaintiffs’ complaint.
•Successfully defended the president of a closely-held telecommunications equipment manufacturer against a shareholder’s claims that he had breached his fiduciary duty and an employment contract by allegedly conspiring with the company’s accountants to inflate their fees and by approving excessive expenses. The case was resolved at an early stage of the litigation, with the client paying nothing in settlement.
•Successfully defended a national law firm against claims of legal malpractice arising from the defense of an officer-director in a federal criminal proceeding predicated upon alleged violations of the Foreign Corrupt Practices Act. The case was resolved during the discovery phase, with the client law firm paying nothing in the settlement.
•Defended a major NYC firm against claims that it had aided and abetted a client’s perpetration of a fraud upon the plaintiff. The case raised a number of interesting issues, including application of the crime-fraud exception to the attorney-client privilege. The case was ultimately settled after discovery with the co-defendants, represented by separate counsel, agreeing to bear approximately 90% of the settlement and the law firm contributing a small amount to close the deal.
Professional Recognition
•Martindale-Hubbell Peer Review Rating: AV Preeminent (5.0 out of 5)
