Hartmann, Doherty, Rosa, Berman & Bulbulia

Mark A. Berman

Mark is a seasoned trial attorney and appellate litigator who represents individual and corporate clients in a wide range of complex civil and criminal cases. Mark often handles matters together with other large firms, and many of his cases have been national and international in scope. He has particular expertise in defending pharmaceutical and medical device companies and their executives against charges of healthcare fraud and abuse.

After graduating from Columbia Law School, Mark clerked for the Honorable Leonard I. Garth, on the United States Court of Appeals for the Third Circuit. He then worked as a litigation associate at Weil, Gotshal & Manges in New York City. Prior to joining HDRB&B, Mark was a partner at Gibbons, P.C., one of New Jersey's largest law firms. During his twelve-year tenure at Gibbons, he served as the firm's hiring partner and as staffing partner for the Criminal Law Department. Mark also was an Adjunct Professor of Law at Seton Hall University Law School, where he taught a seminar on the United States Sentencing Guidelines and New Jersey sentencing practice.

Mark is AV® Peer Review Rated by Martindale-Hubbell. He has been selected to the list of "New Jersey Super Lawyers®, Criminal Defense: White Collar" in 2008-2012. In 2011 and 2012 he was selected to the list of "Top 100" Super Lawyers® in New Jersey.*

Representative Cases

Federal Criminal Cases

• Won 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 defendant executives and pilots were convicted of conspiracy to violate Federal Aviation regulations, false statements, and endangering an aircraft.

• Obtained full acquittal for 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.

• Defense of executives of major pharmaceutical company in connection with healthcare fraud investigations conducted by the U.S. Attorney's Office in Boston, MA.

• Defense of Vice President of Indiana medical device manufacturer in NJ federal criminal investigation of possible violations of the federal Anti-Kickback Statute.

• Defense of 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.

Federal Civil Cases

• Defense of former university professor in $150 million patent and breach of contract lawsuit filed by St. John's University in Eastern District of New York.

• Lead counsel for former president of major pharmaceutical company's clinical research lab who was named as an individual defendant in hundreds of federal and state product liability lawsuits arising out of the plaintiffs' alleged use of the pain-reliever Vioxx.

• Defense of a major medical device manufacturer in a Sherman Act antitrust and Lanham Act unfair competition lawsuit filed in federal court in Chicago by its major competitor in the bone cement market.

• Obtained "no cause" verdict for Polo Ralph Lauren Corp. in a Section 1983 civil rights lawsuit tried to a jury in federal court in Newark.

• Defense of three pharmaceutical companies in the Pharmaceutical AWP Multi- District Litigation in federal court in Boston and in several state and federal courts in New York and New Jersey.

• Defense of 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.

State Civil Cases

• Defense of commercial landlord in multi-million dollar lease dispute with long-time corporate tenant in office development in Elmwood Park, NJ.

• Lead counsel in AAA arbitration hearing on behalf of Florida gaming company involved in ownership dispute with former shareholder.

• Defense of executors in multi-million dollar estate litigations in New York and New Jersey.

• Prosecution of oppressed shareholder dispute involving multi-million dollar NJ gaming company.

Professional Activities

Member of the Criminal Justice Act (CJA) Panel for the District of New Jersey and the U.S. Court of Appeals for the Third Circuit.

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, Federal Bar Association, American Bar Association, Association of the Federal Bar of the State of New Jersey, National Association of Criminal Defense Lawyers, Association of Criminal Defense Lawyers 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)

Interviews/Media

Article, David Porter, "Judge dismisses charges against one man charged in Teterboro Airport plane crash," Associated Press (Nov. 5, 2010)

Article, Jane Mayer, "The Hard Cases," New Yorker (Feb. 23, 2009)

Article, Joe Ryan, "Federal appeals court reduces sentence for Philippines officer in spy case," Star Ledger (Feb. 6, 2009)

Article, Joe Ryan, "Reduced sentence asked in spy case," Star Ledger (Nov. 22, 2008)

Article, Jeff Whelan, "The Plot To Steal U.S. Secrets For A Foreign Coup," Newark Star-Ledger at 1 (May 7, 2007)

Article, Ross Kerber, "Jury Acquits 4 In Serono Kickback Case - Verdict Delivers Blow To US Probe Of Drug Industry," Boston Globe (May 4, 2007)

Interview, Kate Coscarelli, "N.J. Lawyer Telecommutes -- From Israel," Newark Star-Ledger at 43 (Sep. 1, 2006)

Article, John Martin, "Judge Allows Depositions In Philippine Spying Case," Newark Star-Ledger at 12 (June 30, 2006)

Article, Ross Kerber, "Workers' Rights Get Lost As Firms Settle US Probes," Boston Globe (Nov. 6, 2005)

Article, "New Spy Case Revives Concerns Over Security At FBI," New York Times at A22 (Oct. 7, 2005)

Interview, "Defending Our Freedom: 'If They Can Do This To The Guantánamo Detainees, They Can Do It To Me," The Metropolitan Corporate Counsel (Aug. 2005)

Article, "Attorneys will be allowed to see al-Marri - Prosecutors changed their minds after recent Supreme Court ruling, official says," Peoria Journal Star (July 29, 2004)

Article, "Bail is lowered for Giants' Parker," New York Times at D7 (May 24, 2001)

Article, "Judge Lets Taylor Off The Hook," Jersey Journal at 2 (Jan. 6, 2000)

Article, "A Treaty That Binds in Hudson," N.J.L.J. 1 (Apr. 20, 1998)

Civic/Charitable Activities

Trustee, Radburn Association (2003-2006)

Trustee, Cornelian Community Counselors, Inc. (Legal Services) (2004-2006)

President, Ahavat Achim Orthodox Congregation of Fair Lawn (2003-2006; Financial Sec'y, 2002-2003; Trustee, 2000-2002, 2006-2008, Treasurer, 2011-present)

Trustee, Gerrard Berman Day School, Oakland, New Jersey (2001-2005)

Honoree, Alumnus of the Year, Yavneh Academy, Paramus, New Jersey (2004)

Representative Reported Cases

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)