Mark A. Berman

• Criminal Justice Act (CJA) Panel, Northern District of New York, 2026-present
• Criminal Justice Act (CJA) Panel, U.S. Court of Appeals (Third Circuit), 1999-present
• Criminal Justice Act (CJA) Panel, District of New Jersey, 2001-2006, 2009-2024
• Criminal Justice Act (CJA) Panel, District of Vermont, 2025-present
• Association of the Federal Bar of New Jersey, Trustee, 2019-2025
• Vermont Bar Association
• Windham County Bar Association
• New Jersey Bar Association
• New Jersey Association of Criminal Defense Lawyers
• National Association of Criminal Defense Lawyers
• Cornelian Community Counselors, Inc., Trustee, 2004 – 2006
• Adjunct Professor of Law, Seton Hall University School of Law, 1999 – 2002
• Columbia Law School Association of New Jersey
  • Vice President, 2006 – 2009
  • Treasurer, 2003 – 2006
  • Secretary, 2001 – 2003
  • Trustee, 1998 – 2001

• Featured in Super Lawyers® Magazine, March 2022 Issue: “Mark Berman Chases His Passion for Environmentalism Through His Pro Bono Work”
• HDRB&B Wins KIINI Bikini Copyright Infringement Lawsuit
• Litigation Group Chair Mark Berman Challenges Federal Courts’ Freeze on Jury Trials
• HDRB&B Wins Important Victory in the NJ Appellate Division
• District Court Grants HDRB&B Motion to Suppress
• HDRB&B Wins Key Rulings in High-Profile Copyright Case in Southern District of NY

• Chambers USA Guide to America’s Leading Lawyers®, 2022-2026
  • Litigation: General Commercial
  • Litigation: White-Collar Crime & Government Investigations
• Super Lawyers®
  • “Top 100” New Jersey Super Lawyers®, 2011–2026
  • New Jersey Criminal Defense: White Collar, 2008-2026
  • New York Metro, Business Litigation, 2018-2026
• Best Lawyers in America®, 2021-2026
  • Appellate Practice
  • Commercial Litigation
  • Criminal Defense White-Collar
  • Litigation – Labor & Employment
  • Litigation – Trusts and Estates
• AV® Preeminent™ Rating, Martindale Hubbell
• Bergen Magazine, “Top Lawyers,” Commercial Litigation, 2018-2022, 2024-2025
• New Jersey Law Journal, “40 Under 40: Lawyers to Watch in the Next Decade,” 2007

Awards Methodology

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

• “Federal Courts Are Failing Criminal Defendants in New Jersey” N.J.L.J, January 12, 2022
• “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. 1992
• “Yehoshafat Harkabi and the Arab-Israeli Conflict,” 15 Fletcher F. World Aff. 147, 1991

Federal Criminal Cases

• Won acquittal of pharmacy corporation operations manager on charge of conspiracy to commit healthcare fraud; three other defendants pleaded guilty and testified against our client and fourth defendant was convicted at trial (DNJ/ED Mich).
• Won acquittal on federal Anti-Kickback Statute charges against doctor charged with taking a fee for prescribing specialized blood test (DNJ).
• Won acquittal of the former Director of Maintenance of Platinum Jet Management, a Florida charter jet company, on federal charges arising from the crash of a charter jet at Teterboro Airport, including conspiracy to violate FAA regulations, false statements, and endangering an aircraft; the remaining defendants who went to trial were convicted (DNJ).
• Won acquittal of former Vice President of Sales for Serono, Inc. on an eight-count federal healthcare fraud and Anti-kickback Statute indictment; Serono had previously settled similar charges with the government for over $700 million dollars (D Mass).
• Represented military contractor in federal SBA 8(a) procurement fraud and False Claims Act investigation resulting in non-prosecution (SDNY).
• Served as pool counsel for investment firm employees in connection with federal criminal investigations of Archegos Capital Management (SDNY / SEC).
• Served as pool counsel for multiple pharmaceutical company executives in connection with federal criminal investigation relating to the marketing of the pain-reliever Vioxx (D Mass).
• 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 (DNJ).

Federal Civil Cases

• Won summary judgment for women’s swimsuit company in federal copyright infringement lawsuit; affirmed on appeal (CD Cal/SDNY/2d Cir).
• Obtained dismissal of Torture Victim Protection Act claim filed against Israeli officials; affirmed on appeal (SDNY/2d Cir).
• Defending MMA fighter alleged by Sports Illustrated supermodel to have violated federal “revenge porn” civil statute by re-posting sexually intimate photo on Twitter.
• Defended former Senior Vice President for Medical & Scientific Affairs and Chief Medical Officer, in the U.S. Human Health Division of Merck, Inc., named as an individual defendant in multiple federal and state product liability lawsuits arising out of plaintiffs’ alleged use of the pain-reliever, Vioxx (ED La/D Mass).
• Won summary judgment for NJ nursing home in qui tam lawsuit alleging healthcare fraud (DNJ).
• Obtained favorable trial verdict on behalf of defendant in admiralty and family shareholder dispute regarding ownership of Liberian shipping company; affirmed on appeal (SDNY/2d Cir).
• Obtained summary judgment on behalf of a German bank in connection with the enforcement of an un-perfected standby letter of credit; affirmed on appeal (SDNY/2d Cir).
• Defended medical device manufacturer in a Sherman Act antitrust and Lanham Act unfair competition lawsuit filed by its major competitor in the bone cement market (ND Ill / DNJ).
• Won “no cause” jury verdict for Polo Ralph Lauren Corp. in a Section 1983 civil rights lawsuit (DNJ).
• Defended pharmaceutical company in the Pharmaceutical AWP Multi- District Litigation (D Mass)
• 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 (DDC).
• Represented steel retailer against interstate hauler in lawsuit involving damage to multi-million dollar crane system (EDNY).

State Cases

• Obtained prosecution’s voluntary dismissal of multiple defiant trespass indictments in response to motion to dismiss (VT).
• Obtained dismissal of indictment after winning motion to suppress and motion to dismiss hate crime enhancement involving local restaurant owner and Landmark College students (VT).
• Obtained favorable settlement on behalf of builder whose roofing subcontractor had allegedly misrepresented scope of worker’s compensation insurance coverage (VT).
• Represent tenant in commercial lease dispute with “American Dream” super-mall landlord (NJ).
• Won interpleader motion for summary judgment in organizational dispute involving Ukranian charitable corporation (NY).
• Won motion to dismiss claims against Israel Rabbinical Courts officials on sovereign immunity grounds; affirmed on appeal (NJ).
• Won motion to dismiss fraud claims against Florida attorney sued in New Jersey, for lack of personal jurisdiction, and motion for sanctions against plaintiff and plaintiff’s counsel (NJ).
• Won summary judgment for Pennsylvania bank in lawsuit filed by prior counsel seeking enforcement of fee agreement; affirmed on appeal (NJ)
• Won directed verdict in favor of real estate holding company shareholder in tenant lawsuit alleging fraudulent inducement, tortious interference, and breach of contract, and won post-trial motion for frivolous litigation sanctions against plaintiff and plaintiff’s counsel (NJ).
• Won trial verdict on behalf wireless technology company in lawsuit alleging breach of contract, fraud, and failure to pay wages (NJ).
• Won summary judgment in favor of CEO of healthcare laboratory in salesman’s lawsuit alleging civil conspiracy, fraud, conversion, unjust enrichment, and breach of contract (NJ).
• Favorably settled and then won motion to enforce settlement between Fortune 500 commodities corporation and former owner/executive of corporate subsidiary; affirmed on appeal (NJ).
• Trial and appellate 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 (NY).
• Counsel for sibling in multi-million dollar will contest (NY).
• Won appeal reversing denial of motion to compel arbitration in shareholder dispute involving Asbury Park restaurant (NJ).
• Won verdict in favor of surviving spouse against husband’s estate in lawsuit alleging fraudulent inducement in connection with estate planning (NJ).
• Defense of commercial landlord in multi-million dollar lease dispute with long-time corporate tenant (NJ).
• Lead counsel in AAA arbitration hearing on behalf of Florida gaming company involved in ownership dispute with former shareholder (Fla).
• Defense of building contractor in AAA arbitration alleging violation of the NJ Consumer Fraud Act, defeating claim for treble damages (NJ).

Noah Bank v. Lee, 481 N.J. Super. 412 (App. Div. 2025)
Amity Digital LLC v. Helix Digital Inc., Civil No. 23-11044-LTS, 2025 WL 902647 (S.D.N.Y. March 25, 2025)
United States v. Savage, 85 F.4th 102 (3d Cir. 2023)
VR Optics, LLC v. Peloton Interactive, Inc., No. 2021-1900, 2023 WL 2031213 (Fed. Cir. Feb. 16, 2023)
Hyman v. Rosenbaum Yeshiva of NJ, 474 N.J. Super. 561 (App. Div. 2023)
Appel v. Cohen, No. 22-170, 2023 WL 1431691 (2d Cir. Feb. 1, 2023)
Ferrarini v. Irgit, No. 21-597-CV, 2022 WL 1739725 (2d Cir. May 31, 2022)
United States v. Peterson, Crim. No. 19-20652, 2022 WL 4299405 (E.D. Mich. Sep. 19, 2022)
United States v. Chu, Crim. No. 19-0678-WJM, 2022 WL 476615 (D.N.J. Feb. 16, 2022)
United States v. Roberts, Crim. No. 19-134, 2022 WL 92863 (D.N.J. Jan. 10, 2022)
Kenshoo, Inc. v. Aragon Advertising, LLC, 586 F. Supp.4th 177 (E.D.N.Y. 2022)
HUNY & BH Assocs., Inc. v. Silberberg, No. A-1696-17, 2021 WL 6109385 (N.J. Super. Ct. App. Div. Dec. 27, 2021)
Basil Law Group, PC v. Noah Bank, No. A-2198-20, 2022 WL 2132267 (N.J. Super. Ct. App. Div. June 14, 2022)
United States v. Chu, Crim. No. 19-0678-WJM, 2021 WL 5997985 (D.N.J. Dec. 20, 2021)
JKAYC, LLC v. Noah Bank, No. 20-CV-943 (PKC) (SMG), 2021 WL 4893677 (E.D.N.Y. Oct. 20, 2021)
Appel v. Hayut, No. 20 CIV. 6265 (JPC), 2021 WL 2689059 (S.D.N.Y. June 30, 2021)
Ferrarini v. Irgit, No. 19 CIV. 0096 (LGS), 2021 WL 638771 (S.D.N.Y. Feb. 17, 2021)
Towne Realty Group v. NRK of NJ, Docket No. A-5204-18T2, 2021 WL 28096 (N.J. App. Div. Jan. 5, 2021)
United States v. Hernandez-Zozaya, 826 Fed. App’x 144 (3d Cir. 2020)
United States v. Andover Subacute & Rehab Ctr. Servs. One, Civil Action No. 12-3310 (SDW), 2020 WL 7640535 (D.N.J. Dec. 22, 2020)
MFC Resources, Inc. v. Estate of Homann, No. A-5698-17T2, 2020 WL 2563105 (N.J. Super. Ct. App. Div.  May 21, 2020)
Ferrarini v. Irgit, Civil Action No. 19-0096 (LGS), 2020 WL 122987 (S.D.N.Y. Jan. 9, 2020)
United States v. Andover Subacute & Rehab Ctr. Servs. One, Civil Action No. 12-3310 (SDW), 2019 WL 4686963 (D.N.J. Sep. 26, 2019)
Sea Trade Maritime Corp. v. Coutsodontis, 744 F. App’x 721, 2018 WL 3752229 (2d Cir. 2018)
Ben-Haim v. Edri, et al, 453 N.J. Super. 526 (App. Div. 2018)
Ferrarini v. Irgit, CV-18-5250-FMO (GJSx), 2018 U.S. Dist. LEXIS 222787 (C.D. Cal. Dec. 28, 2018)
Vazquez v. United States, 702 Fed. App’x 50 (3d Cir. Jul. 18, 2017)
Learning Community Charter Sch. v. BOE of Jersey City, Docket No. A-5551-14T3, 2017 WL 4051732 (N.J. App. Div. Sep. 14, 2017)
MFC Resources, Inc. v. Homann, Docket No. A-3866-14T3, 2017 WL 2953711 (N.J. App. Div. Jul. 11, 2017)
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)
United States v. Lee, 634 Fed. App’x 862 (3d Cir. Dec. 8, 2015)
Gastelu v. Martin, Docket No. A-0049-14T2, 2014 WL 10044913 (N.J. App. Div. Jul. 9, 2015)
Gibbs v Shannon, 618 Fed. App’x 59 (3d Cir. Ju. 2, 2015)
Wultz v. Bank of China, 304 F.R.D. 38 (D.D.C. 2014)
Mago Int’l LLC v. LHB AG, Civil No. 13-3370 (CM), 2014 WL 2800751 (S.D.N.Y. Jun 18, 2014)
United States v. Ottaviano, 738 F.3d 586 (3d Cir. 2013)
United States v. Ugwu, Docket Nos. 11-1890 and 11-2584, 539 Fed App’x 35 (3d Cir. Sep. 4, 2013)
Mutual Pharm. Co. v. Goldman, 2012 WL 2594250 (E.D. Pa. July 3, 2012)
United States v. Baskerville, 448 Fed. App’x 243 (3d Cir. Oct. 13, 2011)
United States v. Pettiway, 429 Fed. App’x 132 (3d Cir. May 27, 2011)
United States v. Kelly, 403 Fed. App’x 722 (3d Cir. Dec. 7, 2010)
United States v. Munoz, 385 Fed. App’x 173 (3d Cir. Jun. 30, 2010)
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)
United States v. Brassington, Crim. No. 09-CR-45 (DMC), 2010 WL 3982036 (D.N.J. Oct. 8, 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)

• Gibbons, P.C., Newark, NJ
  • Partner, 2001 – 2007
  • Associate, 1995 – 2001
• Weil Gotshal & Manges, New York, NY
  • Associate, 1994 – 1995
• Hon. Leonard I. Garth, U.S. Court of Appeals for the Third Circuit, Newark, N.J.
  • Clerk, 1993 – 1994

• Greater Falls Community Justice Center, Board Member, 2025-present
• Athens-Grafton School Board, Member, 2024 – present
• Athens Town Planning Commission, Member 2023 – present
• Forest Creatures Foundation, Director, 2020 – 2022
• Pony Power Therapies, Board Member, 2013 – 2022
• Radburn Association, Trustee, 2003 – 2006
• Ahavat Achim Orthodox Congregation of Fair Lawn
  • President, 2003 – 2006
  • Treasurer, 2011 – 2013
  • Financial Secretary, 2002 – 2003
  • Trustee, 2000 – 2002, 2006 – 2008
• Gerrard Berman Day School, Oakland, NJ, Trustee, 2001 – 2005