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Joe Leventhal is an associate in Cooley's Litigation department. He joined the Firm in 2004 and is resident in the San Diego office.
Mr. Leventhal's practice focuses on complex commercial litigation with a particular emphasis on advertising and consumer communications. In this capacity, he has handled matters for large and emerging companies in cases of various sizes including class actions and government investigations. He represents clients with issues related to both traditional forms of communication and Internet-based communication, and frequently counsels clients regarding affiliated consumer privacy issues. Mr. Leventhal's clients include companies with email marketing at the core of their business model, brick-and-mortar retailers and Internet entertainment companies.
As part of his practice, Mr. Leventhal litigates issues involving the following statutes:
- The Telephone Consumer Protection Act (TCPA)
- The Lanham Act and state false advertising laws including California Business and Professions Code Sections 17500 et seq.
- California's Unfair Competition Law (California Business and Professions Code Sections 17200 et seq.)
- The Federal CAN-SPAM Act and related state commercial email statutes
- California's anti-SLAPP statute
- The U.S. Copyright Law
Mr. Leventhal also counsels clients regarding policies and practices for communicating with consumers. For example, Mr. Leventhal advises clients on deceptive advertising, telemarketing, best practices under the Federal CAN-SPAM Act and similar statutes, text-message marketing, and the development of consumer membership reward programs for retailers.
Mr. Leventhal also has extensive experience representing companies in a variety of general and complex business disputes. For example, he was part of the Cooley team that represented The Salk Institute For Biological Studies against Ligand Pharmaceuticals, Inc. in a three-judge AAA arbitration over intracellular steroid and assay technology used to identify the cancer drug Targretin and payments owed to The Salk under a patent license, resulting in a settlement valued at more than $17 million.
Mr. Leventhal was also part of the Cooley team that achieved a major trial victory in March 2008 in San Diego federal court on behalf of client Daniel F. Stulac, one of the first outside auditors in the post-Enron era to go to trial against allegations of direct collusion with corrupt management. With six jurors voting not guilty, the twelve-member jury declined to find that Mr. Stulac was involved in the alleged conspiracy with Peregrine Systems, Inc.'s management to manipulate earnings and deceive investors. The six-week re-trial followed a three-month trial of Mr. Stulac that ended in August 2007 with a deadlocked jury and eight votes favoring acquittal of Mr. Stulac on all counts.
Mr. Leventhal is also committed to pro bono matters. He was involved in Cooley's efforts as a San Diego County coordinating firm for the national pro bono project assisting Holocaust survivors to apply for reparations from the German government. He also provided pro bono legal services to a non-profit organization that provides vocational training to wounded veterans. In addition, he has helped Hurricane Katrina victims navigate the FEMA process.
In 2008, Mr. Leventhal was named one of San Diego Daily Transcript's Young Attorneys, a ranking of San Diego county's best young lawyers.
Prior to joining Cooley, Mr. Leventhal served as an attorney in the White House. There, he acted as Deputy Assistant to the Vice President with responsibilities that included functioning as the final substantive control point before information reached the Vice President, managing complex policy and political issues and representing the Vice President's interests on all policy matters within the Administration. In this capacity, Mr. Leventhal had TS/SCI clearances and handled countless classified documents related to foreign and national security policy. Mr. Leventhal began his legal career at Kirkland & Ellis LLP.
Mr. Leventhal received his J.D., cum laude, from the Georgetown University Law Center, where he was an editor of the Georgetown Immigration Law Journal. He remains active with Georgetown as an advisor to the Immigration Law Journal. He graduated from the University of California, San Diego with a degree in political science.
Mr. Leventhal is active with the Federal Bar Association, serving on the San Diego Chapter's Executive Committee and on the national Government Relations Committee where he advocates for the appointment of additional Article III judges among other issues affecting the federal courts. He also serves as an alternate Lawyer Representative to the Southern District of California. Mr. Leventhal has been involved with the San Diego Regional Chamber of Commerce serving on its public policy committee and on its legislative affairs subcommittee. He was also a member of the Board of Directors for the U.C. San Diego Alumni Association. Mr. Leventhal is a member of the American Bar Association, a member of the ABA's Forum Committee on Communications Law, and a member of the San Diego County Bar Association. He is admitted to practice before all federal and state courts in California.
Education- Georgetown University Law Center
JD, cum laude - University of California, San Diego
BA Political Science
Court Admissions
- All California State Courts
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
Admissions
Memberships
- American Bar Association
- Federal Bar Association
- San Diego County Bar Association
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