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Marc A. Menkveld

Direct Phone: 317.608.4370

Marc A. Menkveld

Marc is a Member in Stoll Keenon Ogden’s Indianapolis office. He is an experienced trial attorney who contributes to several practice groups at the firm. He works with businesses of all types throughout Indiana, from major corporations to local car dealerships.

Although he concentrates on litigation, Marc is a registered mediator who helps clients and adversaries resolve disputes without the expense and delay of courtroom proceedings. He methodically studies the dynamic of a legal challenge to create multiple options for achieving client-preferred outcomes.

For his many legal accomplishments, Marc has been named a Rising Star by Indiana Super Lawyers®. He is also listed in Best Lawyers in America® and is an Associate Fellow with The Litigation Counsel of America, among other distinctions. Prior to practicing law, Marc served as an Army Ranger in the U.S. Army Special Operations Command.

Marc has a reputation for being at the forefront of negotiation practice and theory. As testament to his leadership in this area, he completed executive education at the highly regarded Program on Negotiation at Harvard Law School.

Business & Environmental Litigation: Marc’s background in handling complex business and environmental issues allows him to take a strategic approach to litigation that is often less adversarial. He seeks out opportunities for settlement whenever possible. Should a case go into litigation, he’s prepared to guide his clients through the process, whether it involves a small business issue or a conflict with millions of dollars at stake.

Arbitration & Mediation: Whether conflict resolution is dictated by a contract, chosen by the parties involved, or ordered by a court, Marc guides clients toward a satisfactory settlement. He effectively handles a variety of legal matters, ranging across the business, commercial, and environmental spectrum.

Business Services: Businesses of all sizes need help staying on course. Marc establishes relationships with clients and supports their businesses by reviewing, negotiating and drafting contracts, performing internal audits and assisting in due diligence. Clients count on him for advice on regulatory compliance and planning, particularly in the areas of data security and privacy.

Auto Dealer Services: Marc routinely lends his experience as a litigator and legal advisor to independent and franchised dealers. He offers his counsel on best practices to minimize liabilities and stay in compliance with state and federal regulations.

Business Torts: Marc helps clients navigate business tort conflicts at all stages of litigation, with emphasis on alternative dispute resolution to resolve more complex cases. Marc stands ready to take cases to trial if negotiations fail.

Tort, Trial & Insurance Services: Along with business torts, Marc has a broad depth of knowledge in all kinds of insurance issues and represents policyholders and insurers alike in bad faith and coverage claims, among other matters.

Work Highlights

Environmental Cleanup

2014: Represented a defendant in a hazardous spill case that lasted more than four years.  After a week-long jury trial, we obtained a jury verdict that was more favorable than the verdict that we sought.

2013: Represented a plaintiff in a hazardous waste lawsuit involving multiple defendants. The defendants moved for summary judgment on grounds that our client could not establish fault on the part of any one defendant, and therefore could not establish causation as matter of law. Using very old common law and tying it into law from the 7th Circuit Court of Appeals, developed a causation theory that defeated the defendants' motions. The case settled on favorable terms. 

Mediation

2013: Represented a client whose property was contaminated by an underground construction crew.  After strategically setting up the case for mediation, we settled the case for a sum that exceeded what the client would have received on its best day at trial.

Class Action

2009: As part of a legal team representing a class of plaintiffs, I was tasked with developing a theory of damages. By tapping into New York securities law, created a theory of damages that accounted for market fluctuations that are inherent in certain types of securities. The theory worked and the class enjoyed a substantial recovery.

Business Litigation

2010: Represented a client whose heavy construction equipment was put up for bid at auction.  A California buyer sued an Indiana seller for delivery of certain equipment. The case went to trial and I obtained a defense judgment. The client kept his equipment with no obligations to the buyer. 

2017: Represented a client heading to litigation in federal court in a case involving a sophisticated transaction that deteriorated into a heated conflict shortly after closing. The case settled in pre-litigation negotiations at minimal cost to the client. The result was better than the client would have received had we taken the case to trial and won on every issue.

Identify Theft

2014: Represented an auto retail client in a case involving the loss of money and high-value luxury cars due to identify theft. The issues involved insurance policy provisions that had not been interpreted by any court in Indiana or any other jurisdiction that we searched. By developing a legal argument that was adopted by the federal district court, obtained summary judgment in our client's favor. 

Selected Published Opinions

Moran Elec. Serv., Inc. v. Comm'r, Indiana Dep't of Envtl. Mgmt., 8 N.E.3d 698 (Ind. Ct. App.), aff'd on reh'g, 13 N.E.3d 906 (Ind. Ct. App. 2014), and transfer denied sub nom. Moran Elec. Serv., Inc. v. Com'r, Indiana Dep't of Envtl. Mgmt., 21 N.E.3d 839 (Ind. 2014)

Obtained a reversal of a trial court order the prevented client from litigating a high-profile environmental lawsuit.

Kesling v. Hubler Nissan, Inc., 997 N.E.2d 327, 336 (Ind. 2013) (As amicus curiae counsel)

Developed and argued the double-inference theory that was adopted by the Indiana Supreme Court.

Coast to Coast Auto Sales, Inc. v. Secura Ins., Inc., No. 1:13-CV-00011-TWP, 2014 WL 1405801, at *1 (S.D. Ind. Apr. 11, 2014)

Obtained summary judgment in client's favor on an issue of first impression relating to identify fraud.