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| Selected by peers as a Leading Lawyer in: | Extensive Experience in: |
| Insurance, Insurance Coverage & Reinsurance Law | Intellectual Property Litigation |
| Products Liability Defense Law | Insurance Coverage |
| Products Liability Litigation | |
| Transportation | |
| Risk Management |
David Levitt is an experienced trial lawyer who focuses his practice in a number of distinct areas, including:
Intellectual Property. Mr. Levitt's intellectual property practice has included litigation and licensing issues. He has advised clients on right of publicity issues involving the models used for a video game, litigating the use of trademarks as domain names, and considering the proper way to protect a chat line operator from potential liability when participants meet and untoward events occur. He has worked on the defense of a copyright claim alleging that a television producer did not properly clear synchronization and master use rights for music. He has also provided advice on First Amendment implications in the context of publicly debated issues such as purported cancer cures and negotiated trademark licensing.
Insurance. Mr. Levitt's insurance coverage work has been diverse, spanning the range from "simple" personal lines coverage disputes to complex coverage litigation involving environmental and bankrupt health care providers. Included in his most recent work has been resolution of coverage issues involved in hundreds of claims against insolvent national health care and nursing home operators, negotiating and litigating disputes in the bankruptcy court between the insurers, the debtor or trustee and the claimants. Because he began his practice in the insurance coverage area, expanding it very early to the defense of claims, he has a unique appreciation of the risk-shifting issues facing insurers and self-insureds.
Products Liability. Mr. Levitt's product liability experience includes both chemical and machine related claims, both in the industrial and consumer contexts. Cases have included claims involving such diverse products as tractor-trailers, qualities of glass as used in high-rise buildings and pressure vessels, benzene, asbestos, gas valves, punch presses, welding equipment, grinding equipment, construction equipment, furnace design, heat-treating processes, food processing equipment, cancer drugs and floor joists. His product liability experience also naturally leads to the defense of fire claims, and he has tried and otherwise resolved cases involving fires allegedly caused by defective neon signs, carbon black, vaporizers, ceiling panels, gas valves and gas ranges, among others.
Trucking. Mr. Levitt has represented several trucking companies in serious cases involving a number of jurisdictions, and is experienced in the unique litigation needs of such organizations.
Mr. Levitt brings a fresh look and creative viewpoint to legal issues on a variety of topics affecting litigation. He particularly focuses on giving advice to clients regarding preventive measures that might avoid litigation in the future, or at least enhance the expectation of prevailing should litigation occur. He is frequently consulted on a preventive law basis, especially on issues involving insurance coverage, self-insurance and risk-shifting.
Mr. Levitt's product liability litigation experience helps him to translate scientific issues for lay juries and judges. This is important both for product liability and intellectual property work.
Mr. Levitt joined Hinshaw & Culbertson LLP in September 1979. He is a founding member of the Trucking Industry Defense Association. He is also a member of the American Bar Association sections on Litigation and Tort & Insurance Practice, including their intellectual property, product liability and insurance coverage committees. He is a member of the American Intellectual Property Law Association, a member of the Board of Directors of the Illinois Association of Defense Trial Counsel and a member of the Chicago Bar Association's Computer Law Committee.
Date of Birth: 1954
Law School: Loyola University of Chicago Law School, J.D., 1979; The John Marshall Law School, LL.M., 2000
Law School Honors/Involvement: Intellectual Property, with honors
Undergraduate School: University of Illinois, B.A., 1976
Undergraduate School Honors/Involvement: with distinction
Bar/Professional Association Involvement:
Illinois (1979)
U.S. District Court, Northern District of Illinois (including Trial Bar) (1979)
Community Involvement:
Publications and Presentations
Mr. Levitt's writing and speaking background is extensive, and mirrors the diversity of his practice. His publications and presentations include:
"A Critical Look at the Right of Publicity: Proper Plaintiffs and Proper Damages," News Source, a publication of the Center for Intellectual Property Law of The John Marshall Law School.
"Legitimate Uses of Trademarks in Cyberspace," Chicago Bar Association Computer Law Committee, 2002.
"Rights and Liabilities of Third-Party Administrators," author, presented in several different venues.
"Declaratory Judgment Suits," a chapter in the Illinois Institute for Continuing Legal Education's Liability Insurance publication, author since 1995.
"Premature Prediction of the Preemption Defense's Demise," with Scott Smith, Leader's Product Liability Law & Strategy, 1997.
"Strict Liability and Comparative Fault: What Standard Should Apply," Illinois Bar Journal, 1986.
"The Red Herring of Negligent Hiring Claims," Trucking Industry Defense Association's seminar, 1997.
"One Defense Lawyer's Opinion," author, column appears quarterly in IDC Quarterly.
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