Education

  • Columbia Law School (J.D., 1993)
  • The Fletcher School of Law & Diplomacy (M.A. Law & Diplomacy, 1990)
  • Tufts University (B.A., magna cum laude, 1990)

Bar Admissions

  • New Jersey
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals, 2d Circuit
  • U.S. Court of Appeals, 3d Circuit
  • U.S. Court of Appeals, 7th Circuit
  • U.S. District Court, DNJ
  • U.S. District Court, SDNY
  • U.S. District Court, EDNY
  • U.S. District Court, NDNY
  • U.S. District Court, WDNY
  • U.S. District Court, N.D. Ill.
  • U.S. District Court, C.D. Ill.
  • U.S. District Court, DDC

Accolades

    Selected to the following lists:
  • AV® Peer Review Rated by Martindale-Hubbell
  • Super Lawyers®*, Criminal Defense: White Collar (2008-2017) "Top 100 in NJ" (2011-2017)
  • NJ Law Journal: 40 Under 40: Lawyers to Watch In The Next Decade (2007)
*No aspect of this communication has been approved by the Supreme Court of New Jersey. "Super Lawyers" Selection Process.

Clerkship

  • Hon. Leonard I. Garth, U.S. Court of Appeals for the Third Circuit (1993-1994)

Mark A. Berman is a seasoned trial attorney and appellate litigator who represents individual and corporate clients in complex business disputes, federal criminal cases, and trust & estates litigation in the New York and New Jersey federal and state courts. Mark routinely works with and against other large firms (including in the role of local counsel) and many of his cases have been national and international in scope. Prior to joining HDRBB, Mark was a partner at Gibbons, P.C., one of the largest and most respected law firms in New Jersey.

Mark is AV® Peer Review Rated by Martindale-Hubbell. For the past 7 years he has been selected to the list of “Top 100″ Super Lawyers® in New Jersey; from 2008-2017, he has been selected to the list of “Super Lawyers®, Criminal Defense: White Collar.” (*See disclaimer and link to Super Lawyers selection process at right). Mark has repeatedly been selected to serve on the Criminal Justice Act (CJA) Panel for the U.S. District Court for the District of New Jersey, and handles CJA appeals to the U.S. Court of Appeals for the Third Circuit.

Mark has appeared in cases in the federal courts in New Jersey, New York, Massachusetts, Washington, DC, Illinois, and South Carolina.  He has handled over 35 federal appeals before the U.S. Courts of Appeals for the Second Circuit, Third Circuit, Fourth Circuit, and Seventh Circuit.

After graduating from Columbia University Law School in 1993, Mark clerked for the Honorable Leonard I. Garth, on the United States Court of Appeals for the Third Circuit, and then joined Weil, Gotshal & Manges, as an associate in their New York City office. During his tenure at Gibbons, he served as the firm’s hiring partner and as staffing partner for the Criminal Law Department.

Mark provides pro bono representation to worthwhile causes.  Currently, his pro bono matters range from representing a group of Jersey City charter schools in a school-funding challenge arising under the Thorough and Efficient Education Clause of the N.J. Constitution, providing counsel to Pony Power Therapies, Inc. (a non-profit organization giving special needs and at-risk children and adults a unique opportunity to ride, care for and interact with horses, to enhance their physical, social and emotional well-being in a safe, nurturing farm environment), and assisting several organic farming-related ventures in New York State.  He also recently obtained the dismissal of all charges against an innocent pro bono indigent defendant wrongly charged with aggravated assault and home invasion in Hudson County, NJ.

Mark holds a master’s degree in International Law & Diplomacy from the Fletcher School of Law & Diplomacy at Tufts University.  Over the years, he has represented the Republic of Ecuador and the State of Israel in cases with international implications.  He also represented Ali Salah Kalah al-Marri, who was one of only three individuals present in the United States designated by President George W. Bush as an “enemy combatant” in the immediate aftermath of the September 11 attacks, and detained at the Naval Consolidated Brig in North Charleston, South Carolina. Mark also represented al-Marri’s brother, Jarallah, who was held for years in the detention facility at Guantanamo Bay, Cuba.

Representative Cases

Federal Criminal Cases

  • Represent jet engine parts broker charged in federal indictment with violations of FAA regulations and tax evasion offenses (D.N.J.).
  • Obtained full judgment of acquittal for the former Director of Maintenance of Platinum Jet Management, a Florida charter jet company, following a four-week trial in federal court, arising from the crash of a charter jet at Teterboro Airport; the remaining defendants were convicted of conspiracy to violate FAA regulations, false statements, and endangering an aircraft (D.N.J.).
  • Obtained jury verdict acquitting former Vice President of Sales for Serono, Inc., a Massachusetts biotechnology company, following a three-week trial in federal court in Boston on an eight-count federal healthcare fraud indictment. Serono had previously settled similar charges with the government for over $700 million dollars (D. Mass.).
  • Defended insurance executive in federal and state investigations of kickback scheme involving local boards of education healthcare insurance plans (D.N.J.).
  • Defended executives of Fortune 100 pharmaceutical company in connection with healthcare fraud investigations (D. Mass.).
  • Defended Vice President of Indiana medical device manufacturer in federal criminal investigation of possible violations of the federal Anti-Kickback Statute ((D.N.J.).
  • Defended former Deputy Chief of the Philippines National Police who, together with a former aide to Vice Presidents Gore and Cheney, was charged by the U.S. Attorney’s Office with spying in the U.S. on behalf of opposition politicians in the Philippines (D.N.J.).

Federal Civil Cases

  • Obtained favorable verdict in SDNY on behalf of individual in family shareholder dispute regarding ownership of Liberian shipping company (S.D.N.Y.).
  • Obtained summary judgment (affirmed on appeal) on behalf of a German bank in connection with the enforcement of an unperfected standby letter of credit (S.D.N.Y./2d Circuit).
  • Defended former university professor in $150 million patent and breach of contract lawsuit filed by St. John’s University (E.D.N.Y.).
  • Defended former Senior Vice President for Medical & Scientific Affairs and Chief Medical Officer, in the U.S. Human Health Division of Merck, Inc., who was named as an individual defendant in multiple federal and state product liability lawsuits arising out of plaintiffs’ alleged use of the pain-reliever, Vioxx (E.D. La./D. Mass.).
  • Defended major medical device manufacturer in a Sherman Act antitrust and Lanham Act unfair competition lawsuit filed by its major competitor in the bone cement market (N.D. Ill.).
  • Obtained “no cause” verdict for Polo Ralph Lauren Corp. in a Section 1983 civil rights lawsuit tried to a jury (D.N.J.).
  • Defended pharmaceutical company in the Pharmaceutical AWP Multi- District Litigation (D. Mass. / N.Y. / N.J.)
  • Defended pharmaceutical company executives in U.S. Department of Justice and European Union antitrust investigation, and related civil litigation, relating to alleged price-fixing in the animal vitamin industry (D.D.C).
  • Tried breach of contract action on behalf of steel retailer against interstate hauler involving damage to multi-million dollar crane system (E.D.N.Y.).

NY & NJ Civil Cases

  • Trial counsel for trust beneficiary challenging improper decanting of trust assets under New York decanting statute (NY EPTL § 10-6.6) (N.J.).
  • Won summary judgment for defendant in defamation action filed by disgruntled family member in context of estate dispute (N.Y.).
  • Lead counsel for sibling in multi-million dollar will challenge and estate dispute (N.Y.).
  • Won appeal reversing denial of motion to compel arbitration in shareholder dispute involving Asbury Park restaurant (N.J. App. Div.).
  • Counsel for 50% owner of information technology company in shareholder oppression action in N.Y. Commercial Division (N.Y.).
  • Won motion to enforce settlement between Fortune 500 commodities corporation and former owner/executive of corporate subsidiary (N.J.).
  • Won dismissal of N.J. fraud lawsuit against Florida attorney and award of sanctions against adversary counsel (N.J.).
  • Won verdict in favor of surviving spouse against husband’s estate in lawsuit alleging fraudulent estate planning (N.J.).
  • Won dismissal of N.J. civil fraud complaint against deceased NYC art appraiser on personal jurisdiction and statute of limitations grounds (N.J.).
  • Defense of commercial landlord in multi-million dollar lease dispute with long-time corporate tenant in office development in Elmwood Park, NJ (N.J.).
  • Lead counsel in AAA arbitration hearing on behalf of Florida gaming company involved in ownership dispute with former shareholder (Fla.).
  • Prosecution of oppressed shareholder dispute involving multi-million dollar NJ gaming company (N.J.).
  • Defense of building contractor in AAA arbitration alleging violation of the NJ Consumer Fraud Act, defeating claim for treble damages (N.J.).

Professional Activities

Member, Criminal Justice Act (CJA) Panels for the District of New Jersey and the U.S. Court of Appeals for the Third Circuit.
Lecturer, “Representing Your Client in Federal Court,” NBI Seminar (March 2013)
Lecturer, “NJ Basic CLE Marathon 2011,” PLI Seminar (May 2011)
Lecturer, “Working with Expert Witnesses in Federal Court,” AGN North America Regional Mtg. (May 2011)
Adjunct Professor of Law, Seton Hall University School of Law, Newark, NJ (1999-2002)
Vice-President, Columbia Law School Association of New Jersey (2006-2009); Treasurer (2003-2006); Secretary (2001-2003); Trustee (1998-2001).
Member, Nat’l Ass’n of Criminal Defense Lawyers (NACDL)
Member, Ass’n of Criminal Defense Lawyers of New Jersey (ACDL-NJ)
Member, American Bar Ass’n (ABA)
Member, Ass’n of the Federal Bar of the State of New Jersey

Publications

Search and Seizure in the Poritz Court: States’ Rights or Right Turn?” 233 N.J. Lawyer 11 (April 2005)
Does a Criminal Conspiracy End Once Its Objective Has Been Frustrated by Government Intervention?” Preview of U.S. Sup. Ct. Cases (October 28, 2002)
When is a New Rule of Constitutional Law ‘Made’ Retroactive By the Supreme Court Under the AEDPA?” Preview of U.S. Sup. Ct. Cases (April 10, 2001)
Rediscovering The Right To ‘Consul’,” 151 N.J.L.J. 932 (1998)
Kosher Fraud Statutes and the Establishment Clause: Are They Kosher?” 26 Colum. J.L. & Soc Probs. 1 (1992)
Yehoshafat Harkabi and the Arab-Israeli Conflict,” 15 Fletcher F. World Aff. 147 (1991)

Civic/Charitable Activities

Board Member, Pony Power Therapies (2013-present)
Trustee, Radburn Association (2003-2006)
Trustee, Cornelian Community Counselors, Inc. (Legal Services) (2004-2006)
President, Ahavat Achim Orth. Cong. of Fair Lawn (2003-2006); Treasurer (2011-2013); Financial Sec’y (2002-2003); Trustee (2000-2002, 2006-2008)
Trustee, Gerrard Berman Day School, Oakland, New Jersey (2001-2005)
Honoree, Alumnus of the Year, Yavneh Academy, Paramus, New Jersey (2004)

Representative Decisions

Mago Int’l v. LHB AG, 833 F.3d 270 (2d Cir. 2016)
Johnson v. Fordham Univ.
, 2016 WL 450424 (S.D.N.Y. Feb. 4, 2016)
Wultz v. Bank of China, 304 F.R.D. 38 (D.D.C. 2014)
United States v. Ottaviano, 738 F.3d 586 (3d Cir. 2013)
Mutual Pharm. Co. v. Goldman, 2012 WL 2594250 (E.D. Pa. July 3, 2012)
St. Johns University v. Bolton, 757 F. Supp.2d 144 (E.D.N.Y. 2010)
In re Extradition of Aquino, 697 F. Supp.2d 586 (D.N.J. 2010)
Solheim v. Weber, 889 N.Y.S.2d 867 (2d Dep’t 2009)
United States v. Aquino, 555 F.3d 124 (3d Cir. 2009)
al-Marri v. Pucciarelli, 534 F.3d 213 (4th Cir. 2008)
Gibbs v. Frank, 500 F.3d 202 (3d Cir. 2007)
United States v. Flores, 454 F.3d 149 (3d Cir. 2006)
United States v. Newsome, 439 F.3d 181 (3d Cir. 2006)
al-Marri ex rel. Berman v. Wright, 443 F. Supp. 2d 774 (D.S.C. 2006)
Al-Joudi v. Bush, 406 F. Supp. 2d 13 (D.D.C. 2005)
Al-Marri v. Hanft, 378 F. Supp. 2d 673 (D.S.C. 2005)
United States v. Pelullo, 399 F.3d 197 (3d Cir. 2005)
Gary v. Air Group, Inc., 397 F.3d 183 (3d Cir. 2005)
Gibbs v. Frank, 387 F. 3d 268 (3d Cir. 2004)
In re Pharm. Indus. AWP Lit., 339 F. Supp.2d 165 (D. Mass. 2004)
In re Pharm. Indus. AWP Lit., 321 F. Supp.2d 187 (D. Mass 2004)
Biomet, Inc. v. Stryker, 2004 WL 769358 (N.D. Ill. Apr. 9, 2004)
New Jersey v. Milne, 842 A.2d 140 (N.J. 2004)
Al-Marri v. Rumsfeld, 360 F.3d 707 (7th Cir. 2004)
In re Pharm. Indus. AWP Lit., 307 F. Supp.2d 196 (D. Mass. 2004)
New Jersey v. Corriero, 814 A.2d 1127 (N.J. App. Div. 2003)
al-Marri v. Bush, 274 F. Supp. 2d 1003 (C.D. Ill. 2003)
New Jersey v. Milne, 810 A.2d 588 (N.J. App. Div. 2002)
United States v. Christopher, 273 F. 3d 294 (3d Cir. 2001)
United States v. Spinello, 265 F. 3d 150 (3d Cir. 2001)
United States v. Mathis, 264 F. 3d 321 (3d Cir. 2001)
United States v. Geevers, 226 F.3d 186 (3d Cir. 2000)
United States v. Spinello, 95 F. Supp. 2d 242 (D.N.J. 2000)
Prudential Prop. & Cas. Ins. Co. v. Nardone, 752 A.2d 859 (N.J. Super. Ct. 2000)
Waterman v. Farmer, 84 F. Supp. 2d 579 (D.N.J. 2000)
United States v. Nathan, 188 F.3d 190 (3d Cir. 1999)
United States v. Smith, 186 F.3d 290 (3d Cir. 1999)
Waterman v. Farmer, 183 F.3d 208 (3d Cir. 1999)
Rouse v. Plantier, 182 F.3d 192 (3d Cir. 1999)
United States v. Sherman, 160 F.3d 967 (3d Cir. 1998)
United States v. Cianci, 154 F.3d 106 (3d Cir. 1998)
Waterman v. Verniero, 12 F. Supp. 2d 378 (D.N.J. 1998)
Waterman v. Verniero, 12 F. Supp. 2d 364 (D.N.J. 1998)
Rouse v. Plantier, 997 F. Supp. 575 (D.N.J. 1998)
United States v. Smith, 992 F. Supp. 743 (D.N.J. 1998)
United States v. McBroom, 991 F. Supp. 445 (D.N.J. 1998)
Rouse v. Plantier, 987 F. Supp. 302 (D.N.J. 1997)
United States v. McBroom, 124 F.3d 533 (3d Cir. 1997)
United States v. Smith, 123 F.3d 140 (3d Cir. 1997)
New Jersey v. Afanador, 697 A.2d 529 (N.J. 1997)
In re Banas, 675 A.2d 641 (N.J. 1996)
New York v. Finnigan, 644 N.Y.S.2d 1009 (App. Div. 1996)
New York v. Ortiz, 637 N.Y.S.2d 741 (App. Div. 1996)