Mr. Levenberg specializes in the defense of class actions and high-stakes lawsuits by governmental and organizational plaintiffs. His record for financial industry clients includes victories for all five of the country’s five largest banks along with emerging players in the fintech space. He has helped clients win dismissals, defeat class certification, and protect their victories on appeal in a range of disputes relating to loan servicing, fair lending/fair housing, loan modification and forbearance programs, consumer privacy, and the federal securities laws. Some career highlights include:
Mortgage-loan modification and forbearance consumer class actions. — Federal and private relief programs intended to mitigate defaults and foreclosures in the wake of the 2008 financial crisis created a wave of lawsuits challenging servicers’ practices for handling and decisioning applications. Mr. Levenberg has a 6-0 record defeating class certification in these cases, along with numerous early-stage dismissals.
Citywide fair lending suits. — In a string of lawsuits in which local governments touted statistical models purporting to show a disparate impact or disparate treatment in lending terms, Mr. Levenberg won dismissals and a summary judgment ruling the proffered models incapable of evidencing a single case of discrimination.
Tech-sector litigation. — Mr. Levenberg has represented software developers and equipment manufacturers in antitrust and intellectual property matters and contract disputes.
Investigations and regulatory matters. — Mr. Levenberg has negotiated favorable resolutions and helped close investigations brought by the DOJ, CFPB, SEC, and various state AGs. He’s also helped companies conduct internal investigations to help maintain confidence in their compliance practices.
Pro bono appeals. — Mr. Levenberg has prevailed for pro bono clients in claims for disability benefits before the U.S. Court of Appeals for Veterans Claims, and won an appeal of a family court judgment that resulted in a father’s reunification with his two daughters.Mr. Levenberg has authored hundreds of dispositive motions, class-certification briefs, and appeal briefs. He is also experienced working with expert witnesses and IT professionals in analyzing complex data sets and statistical models, and briefing and arguing Daubert motions challenging opponents’ ill-substantiated expert testimony.