Richard F. Markert

Partner

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 prosecuted an action to enjoin the completion of fraudulent buy-in transactions on behalf of a securities brokerage that had taken short positions in certain securities.
  • 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.
  • Successfully prosecuted an action to enjoin defamatory speech and intentional infliction of emotional distress on behalf of a husband and wife against the husband’s former mistress. The case received front-page coverage in the New York Law Journal as well as coverage in The New York Post, New York Newsday, The National Enquirer and The American Lawyer. It was also the subject of a segment on the nationally-syndicated television show Inside Edition.  Although injunctive relief was denied at the trial court level, it was granted on appeal with the appellate court carving out a rare exception to the rule that defamation may not be enjoined.

Education

  • St. John’s University School of Law, J.D., 1979
  • Villanova University, B.A., 1976

Bar Admissions

  • New York
  • U.S. District Courts for the Eastern and Southern Districts of New York

Memberships

  • New York City Bar Association
  • American Bar Association
  • Westchester County Bar Association

Professional Recognition

  • Martindale-Hubbell Peer Review Rating: AV® Preeminent (5.0 out of 5)