David Oscar Markus
 | This biographical article is written like a résumé. (December 2013) |
David Oscar Markus (born 1972) is a criminal defense attorney practicing in Miami, Florida, and an Adjunct Professor of Law at the Florida International University College of Law. Markus is the author of the Southern District of Florida Blog,[1] which covers matters related to federal law practice in South Florida.
Education[edit]
A 1994 summa cum laude graduate of Emory University, Markus finished first in his class during his first year at the University of Miami School of Law, then transferred to Harvard Law School. Markus graduated magna cum laude from Harvard in 1997. While at Harvard, Markus won the Ames Moot Court Competition, where a panel of three judges including Supreme Court Justice Anthony Kennedy, Circuit Judge Carolyn King of the 4th Circuit and Circuit Judge Mary Schroeder of the Ninth Circuit named him Best Oralist and gave his team the Best Brief Award.[2]
Judiciary Service and Work Experience[edit]
Markus served as law clerk to then-Chief Judge Edward B. Davis of the Southern District of Florida from 1997-1998.
After his federal clerkship, Markus was an associate at Williams & Connolly in Washington, D.C. He then worked as an Assistant Federal Public Defender under Kathleen Williams, who is now a Federal District Judge in the Southern District of Florida.[3] He subsequently formed the firm of Hirsch & Markus, PLLC with Milton Hirsch, who is now a sitting judge in Miami-Dade Circuit Court. Markus is currently lead partner in the firm of Markus & Markus, PLLC. The other named partner is his wife, Mona Markus, who previously was a partner at Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., where she was an integral part of the team that obtained a recovery of over one billion dollars from Exxon Corporation in a case called Exxon Mobil Corp. v. Allapattah Services Inc., that was resolved by the United States Supreme Court.[4] This case now forms the basis of law school civil procedure instruction regarding supplemental jurisdiction.[5]
Teaching[edit]
Markus currently teaches White Collar Law as an Adjunct Professor of Law at Florida International University College of Law. He has previously taught Advanced Criminal Law and Basic Criminal Law as an Adjunct Professor at the University of Miami School of Law, and also served as an Instructor of Legal Research and Writing at the University of Miami School of Law.
Notable Cases[edit]
In United States v. Dr. Ali Shaygan, Markus obtained not guilty verdicts on 141 counts against a doctor charged in federal court with selling pain medications.[6] During the trial, it was revealed that the U.S. Attorney's office had conducted an unauthorized investigation which resulted in a lengthy, highly publicized sanctions order by the District Court reprimanding the federal prosecutors and awarding more than $600,000 in legal fees.[7] The district court's order was recently reversed on appeal and a petition for rehearing is pending.[8]
In State v. Fontaine, Markus represented Gale Fontaine who was charged with running adult arcades in Florida. In a first of its kind prosecution, Markus won not guilty verdicts across the board for Ms. Fontaine. The victory was hailed on the front page of the Sun-Sentinel as a victory for senior citizens. [9]
Markus has represented Buju Banton in a federal drug conspiracy case. Banton is the 2011 Grammy Award winner for Best Reggae Album for his 2010 album, Before The Dawn.[10] Banton (whose real name is Mark Myrie) was convicted and the case is on appeal. In conjunction with the case, the Jamaican Gleaner wrote a lengthy profile about Markus.[11]
In 2008, Markus obtained a not guilty verdict against the U.S. Department of Justice in an international bid-rigging antitrust case involving marine hose.[12]
Markus also represented Gilberto Rodriguez Orejuela, a prominent Colombian indicted on drug charges.[13]
Leadership Roles[edit]
Markus serves as the Southern District of Florida's national representative for the Criminal Justice Act Panel and is vice-chair of the National Association of Criminal Defense Lawyers amicus committee. Markus is Past President of the Florida Association of Criminal Defense Lawyers - Miami Chapter and Past President of the Federal Bar Association, South Florida Chapter, 2007-08.
Published Articles and Speaking Engagements[edit]
Markus is frequently quoted by news publications reporting on legal matters.[14] He appears on radio and television programs as a legal expert.[15] In addition, he has written numerous articles on legal topics, including the following:
- Eliminate Race-bias in jury selection, Miami Herald, July 6, 2005[16]
- Appoint a Floridian, Miami Herald, January 13, 2005[17]
- Magluta was wronged, Miami Herald, January 29, 2003[18]
- Previous co-author of the Fourth Amendment Column in The Champion[19]
- Whren v. United States: A Pretext to Subvert The Fourth Amendment, 14 Harvard BlackLetter Law Journal 91 (Spring 1998)[20]
Markus also lectures frequently on criminal law topics. In 2008, he testified before the United States Sentencing Commission regarding the Sentencing Reform Act of 1984.[21]
Awards[edit]
In 2011 and 2010, Chambers & Partners selected Markus as a Finalist in the Top White Collar Defense Lawyer in the Country category. In its writeup, Chambers stated that "Clients describe him as 'a charming man of genius intellect, who throws himself into his work to achieve the best results for his clients.'".[22]
Other awards include: Top 100 Lawyer in Florida, SuperLawyer 2010,[23] and named to Florida Super Lawyers 2006-2011[24] Rodney Thaxton “Against All Odds Award”; Florida Association of Criminal Defense Lawyers–Miami Chapter 2010[25] “AV” Rated (highest rating), Martindale Hubbell 2007–present Listed as Top Lawyer, The Best Lawyers in America 2007–present Top 5% lawyers, Florida Super Lawyers 2006–present Most Effective Lawyer Finalist (one of three), Criminal Law, Daily Business Review 2007 & 2009 Top Lawyers, South Florida Legal Guide 2003–present Top Lawyer, White Collar Crime, Tier 2, Chambers & Partners 2008–present Florida Legal Elite, Florida Trend 2007–present[26] Top 10 Defense Wins of 2003, National Law Journal 2004 Best of the Bar, South Florida Business Journal 2004 Top Young Lawyers in State, Florida Trend 2003 Best of the Bar, South Florida Business Journal 2003[27] Top 40 Litigators Under 40, National Law Journal 2002[28]
References[edit]
- ↑ www.sdfla.blogspot.com, discussed in http://blogs.wsj.com/law/2009/09/24/after-11th-cir-arguments-things-looking-up-for-ben-kuehne/
- ↑ CSpan, June 5, 1997
- ↑ Sun Sentinal, August 3, 2011, http://articles.sun-sentinel.com/2011-08-03/news/fl-new-federal-judge-fort-lauderdale-20110803_1_federal-judge-senior-status-federal-courthouse
- ↑ Exxon Corp. v. Allapattah Services,545 U.S. 546 (2005), available at http://www.leagle.com/xmlResult.aspx?xmldoc=20051091545cus546_11089.xml&docbase=CSLWAR3-2007-CURR.
- ↑ See, e.g., http://www.oyez.org/cases/2000-2009/2004/2004_04_70.
- ↑ Miami Herald, March 13, 2009, available at http://www.markuslaw.com/userimages/947439.pdf.
- ↑ http://www.uslaw.com/library/Legal_News/Federal_Prosecutors_Find_Hot_Seat_Again_Miami.php?item=439711
- ↑ http://www.miamiherald.com/2011/08/29/2380368/appeals-court-throws-out-sanctions.html
- ↑ http://www.markuslaw.com/pdf/fontaine.pdf
- ↑ http://blog.music.aol.com/2011/02/14/buju-banton-wins-grammy-on-eve-of-retrial
- ↑ Buju's Lawyer Enjoys Partnership With Reggae Star, Jamaican Gleaner News, October 4, 2010, available at http://jamaica-gleaner.com/gleaner/20101004/news/news2.html
- ↑ http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202425958160&slreturn=1
- ↑ Extradition of Gilberto Rodriguez-Orejuela, Daily Business Review, April 3, 2006
- ↑ See, e.g., Rulings Muddle Florida Drug Law, The Wall Street Journal, August 22, 2011, at A2; Judge Orders Probe of Prosecutors, The Wall Street Journal, April 8, 2009; Web Sites Listing Informants Concern Justice Dept., The New York Times, May 22, 2007; Miami police, City Hall at Odds Over Game Machine, Miami Herald, October 14, 2011, available at http://www.miamiherald.com/2011/01/12/2013686/gambling-or-not-miami-police-city.html
- ↑ See, e.g., http://www.democracynow.org/2006/6/26/aspirational_rather_than_operational_7_arrested
- ↑ http://sdfla.blogspot.com/2005/07/race-in-jury-selection.html
- ↑ http://sdfla.blogspot.com/2005/07/appoint-floridian.html
- ↑ http://www.talkleft.com/story/2003/01/29/579/35061
- ↑ See, e.g., http://nacdl.org/Champion.aspx?id=1389
- ↑ https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=14+Harv.+BlackLetter+J.+91&key=0b1056cf5e643892641304020e6e478a
- ↑ http://www.ussc.gov/Legislative_and_Public_Affairs/Public_Hearings_and_Meetings/20090210-11/transcript.pdf, at p. 76
- ↑ http://www.chambersandpartners.com/USA/Editorial/36505#per_326566
- ↑ http://www.superlawyers.com/florida/toplists/Top-100-Florida-Super-Lawyers-2010/8682cc30db9c025ecd3fee433f8ab54c
- ↑ http://www.superlawyers.com/florida/lawyer/David-O-Markus/23fff41f-a324-4615-9526-33ab4956b327.html
- ↑ http://www.bizjournals.com/southflorida/print-edition/2011/08/19/key-partners-awards-law.html?page=15, at 15 of 26
- ↑ http://www.floridatrend.com/legalelite_articles.asp?page=9&aID=51209
- ↑ http://www.tannebaumweiss.com/in_the_news.php
- ↑ http://www.floridatrend.com/print_article.asp?aID=43969
External links[edit]
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