Mr. Levenberg has handled major litigation matters for all five of the country’s five largest banks, and numerous other lenders and financial-services institutions, large and small. He specializes in representing mortgage lenders and servicers in class actions and other high-stakes matters. Mr. Levenberg has helped clients defeat class certification, secure dismissals, and protect their victories on appeal in numerous matters related to mortgage servicing, mortgage loan modifications, mortgage securitization, fair-lending practices, foreclosure practices, recording laws, insurance placement, debt collection, and truth-in-lending requirements.
Mr. Levenberg’s major litigation victories include:
- Denials of class certification in multiple cases alleging improper denials of mortgage-loan modifications
- Summary-judgment orders throwing out government lawsuits alleging citywide lending discrimination
- Dismissals of county recorder lawsuits challenging the use of the MERS system for tracking mortgage-loan assignments
- Denial of class certification in an action challenging the chain of title for securitized mortgages
- Dismissals of cases challenging the handling of loan-modification applications under the CFPB’s new loss-mitigation regulations
- Denial of class certification in an action challenging lender-placed hazard insurance policies
- Defeat of securities-fraud and breach-of-fiduciary-duty claims challenging the merger that created the nation’s largest bank
- Defeat of a clawback action in bankruptcy court challenging a commercial credit facility as a constructively fraudulent conveyance
- Pro bono victories in a claim for disability benefits in the U.S. Court of Appeals for Veterans’ Claims and a successful appeal from a family-court judgment, resulting in the reunification of a father with his two daughters
Mr. Levenberg has been the primary author of 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 addressing the permissible scope of expert testimony. Outside the courtroom, Mr. Levenberg has extensive experience representing clients in connection with internal investigations, government investigations, and other compliance matters involving agencies such as the U.S. Department of Justice, the Department of the Treasury, the Consumer Financial Protection Bureau, the Securities and Exchange Commission, and various state Attorneys General.
Mr. Levenberg is a member of the Federalist Society for Law and Public Policy Studies.
Prior to joining Goodwin, Mr. Levenberg was an associate in the New York offices of Sullivan & Cromwell LLP and Chadbourne & Parke LLP.