Mark A. Berman is Chair of HDRB&B’s Litigation and White-Collar Criminal Defense Groups. He has almost 30 years of experience as a trial attorney and appellate litigator representing individual, corporate, and government clients in complex business litigation, federal criminal cases, trusts & estates litigation, shareholder disputes, employment litigation, and guardianship actions in the state and federal courts in New Jersey and New York. Mark is a vigorous and creative legal advocate for his clients, but insists on giving them candid, objective advice.  In business cases, he encourages clients to be reasonable in their demands and expectations of what can be accomplished by way of litigation in a fallible judicial system.  In criminal cases, Mark is not afraid to speak truth to power; he believes that advocating for the rights of criminal defendants ultimately protects the liberty of the innocent, as envisioned by the country’s founders.

Mark routinely works with (and against) other large firms and many of his cases have been national and international in scope.  For the past 11 years, Mark has been selected to the list of “Top 100” Super Lawyers® in New Jersey. Mark also has been recognized by “The Best Lawyers in America ®” for Criminal Defense: White-Collar since 2021.

Mark has tried cases to verdict in the District of New Jersey, the Southern and Eastern Districts of New York, and the District of Massachusetts. He has briefed over 50 appeals in the U.S. Courts of Appeals for the Second Circuit, Third Circuit, Fourth Circuit, Seventh Circuit, and Federal Circuit, the New Jersey Supreme Court, and the New Jersey and New York Appellate Divisions. He has handled cases in the federal courts in New York, New Jersey, Pennsylvania, Massachusetts, Michigan, Illinois, Washington DC, California, and South Carolina.

Mark serves as a trustee of the Association of the Federal Bar of New Jersey. He has been selected by the U.S. District Court for the District of New Jersey to serve on its Criminal Justice Act (CJA) Panel for approximately 20 years. He also is regularly appointed to handle CJA appeals by the U.S. Court of Appeals for the Third Circuit, including two appeals in death penalty prosecutions.

After graduating from Columbia University Law School, 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, in New York City, as a litigation associate. Prior to joining HDRB&B, Mark was a partner at Gibbons, P.C., one of New Jersey’s largest law firms. During his tenure at Gibbons, he served as the firm’s hiring partner and as staffing partner for the White-Collar Criminal Law Department.

Mark holds a master’s degree in International Law & Diplomacy from the Fletcher School of Law & Diplomacy at Tufts University. He is proficient in Hebrew and has represented the State of Israel and several Israeli high-tech and other companies in connection with U.S. legal matters. He represented a Qatari national, Ali Salah Kalah al-Marri, one of three individuals designated in the United States as an “enemy combatant,” in the immediate aftermath of the September 11 attacks, and incarcerated in the Naval Consolidated Brig in North Charleston, South Carolina, in a case that challenged the assertion by the President of the power to militarily detain an individual present in the United States based solely upon an executive order. Mark also represented al-Marri’s brother, Jarallah, who was arrested in Afghanistan and detained at Guantanamo Bay, Cuba (GITMO) for several years before being released.

Mark and the firm provide pro bono representation to worthwhile causes. For example, Mark offers general counsel to Pony Power Therapies, Inc. (a nonprofit organization that uses horses and an accessible farm to enhance the physical, social and emotional well-being of children and adults who need extra support), the Community Alliance for Jewish-Affiliated Cemeteries (which works to restore and sustain Jewish Cemeteries in the New York Tri-State area), and several organic farms and related ventures in New York State.

Professional Affiliations

  • Association of the Federal Bar of New Jersey, Trustee, 2019 – Present
  • Member, Criminal Justice Act (CJA) Panel, U.S. District Court for the District of New Jersey, 2001 – 2006, 2009 – Present
  • American Bar Association
  • Cornelian Community Counselors, Inc., Trustee, 2004 – 2006
  • New Jersey Association of Criminal Defense Lawyers
  • National Association of Criminal Defense Lawyers
  • 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

Honors & Awards

  • Listed in Super Lawyers®
    • “Top 100” New Jersey Super Lawyers®, 2011 – 2022
    • New Jersey Criminal Defense: White Collar, 2008 – 2022
    • New York Metro, 2018-2022
  • Listed in Best Lawyers, Criminal Defense – White-Collar Litigation, 2021-2023
  • AV® Preeminent™ Rating, Martindale Hubbell
  • New Jersey Law Journal, “40 Under 40: Lawyers to Watch in the Next Decade,” 2007
  • Bergen Magazine, “Top Lawyers Criminal Defense”, 2018-2022
  • Bergen Magazine, “Top Lawyers Appellate Law”, 2018-2020

Awards Methodology

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

Publications

  • 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

Speaking Engagements

  • “Representing Your Client in Federal Court,” NBI Seminar
  • “NJ Basic CLE Marathon 2011,” PLI Seminar
  • “Working with Expert Witnesses in Federal Court,” AGN North America Regional Meeting

Representative Matters

Federal Criminal Cases

  • Defended jet engine parts broker charged in federal indictment with mail and wire fraud arising from alleged violations of FAA regulations, and filing of false tax returns.
  • 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.
  • Represented military contractor in federal SBA 8(a) procurement fraud and False Claims Act investigation resulting in non-prosecution.
  • 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.
  • Obtained acquittal on federal Anti-Kickback Statute charges against doctor charged with taking a fee for prescribing blood test.
  • Defended insurance executive in federal and state investigations of kickback scheme involving local boards of education healthcare insurance plans.
  • Represented Fyre Media, Inc. and Fyre Festival, LLC in connection with SDNY, USDOT, and SEC investigations of the Fyre Festival.
  • Represented healthcare executive in SEC insider trading investigation.
  • Defended executives of Fortune 100 pharmaceutical company in connection with healthcare fraud investigations.
  • Defended Vice President of Indiana medical device manufacturer in federal criminal investigation of possible violations of the federal Anti-Kickback Statute.
  • 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.
  • Won Section 2255 ineffective assistance claim on appeal based upon trial counsel’s failure to challenge client’s classification as a career offender.

Federal Civil Cases

  • Won summary judgment for women’s swimsuit company in federal copyright infringement lawsuit, and affirmed on appeal (C.D. Cal./S.D.N.Y./2d Cir.).
  • Obtained dismissal of Torture Victim Protection Act claim filed against Israeli officials (S.D.N.Y.).
  • Defended energy company in employment disability discrimination lawsuit (D.N.J.).
  • Won summary judgment for nursing home in qui tam lawsuit alleging healthcare fraud (D.N.J.).
  • Represented private equity firm in response to third-party document and deposition subpoenas served in lawsuit filed by Koch brother (D. Del.).
  • Obtained dismissal of claims against Israel Rabbinical Courts based on foreign sovereign immunity (D.N.J.).
  • Represented Israeli hi-tech company in connection with a third-party subpoena served in an FTC lawsuit relating to flaws in private company’s routers (N.D. Cal.).
  • Co-counsel for group of bank underwriters in securities lawsuits filed against Valeant Pharmaceuticals (D.N.J.).
  • Obtained favorable trial verdict on behalf of individual in admiralty and family shareholder dispute regarding ownership of Liberian shipping company, and affirmed on appeal (S.D.N.Y./2d Circuit).
  • Obtained summary judgment on behalf of a German bank in connection with the enforcement of an un-perfected standby letter of credit, and affirmed on appeal (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., 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.).
  • Won motion to vacate employment dispute settlement agreement involving Fordham University (S.D.N.Y.).
  • 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 (N.D. Ill.).
  • Obtained “no cause” jury verdict for Polo Ralph Lauren Corp. in a Section 1983 civil rights lawsuit (D.N.J.).
  • 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 (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

  • Won motion to dismiss claims against Israel Rabbinical Courts officials on sovereign immunity grounds, and affirmed on appeal (N.J.).
  • Won motion to dismiss fraud claims against Florida attorney sued in New Jersey, for lack of personal jurisdiction, and motion for imposition of sanctions against plaintiff and plaintiff’s counsel.
  • Won summary judgment for Pennsylvania bank in lawsuit filed by prior counsel seeking enforcement of fee agreement, and affirmed on appeal (N.J.)
  • Won directed verdict in favor of real estate holding company shareholder in tenant lawsuit alleging fraudulent inducement, tortious interference, and breach of contract (N.J.).
  • Won trial verdict on behalf wireless technology company in lawsuit alleging breach of contract, fraud, and failure to pay wages (N.J.).
  • 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 (N.J.).
  • Counsel for outside human resources company seeking to enforce restrictive covenant in contract with U.S. subsidiary of Swiss company (N.J.).
  • Defended owner in oppressed shareholder lawsuit filed by key executive who accepted position with company client (N.J.).
  • Favorably settled and then won motion to enforce settlement between Fortune 500 commodities corporation and former owner/executive of corporate subsidiary (N.J.).
  • Defended private elementary school in case alleging negligence and Consumer Fraud Act violations arising from alleged mistreatment of students (N.J.).
  • 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 (N.Y.).
  • Counsel for sibling in multi-million dollar will contest (Rockland County, 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.).
  • Lead counsel for executors seeking to recover funds pocketed by deceased’s assistant through manipulation of joint account (N.Y.).
  • Defense of Canadian citizen and corporations in FDIC receiver lawsuit alleging bank fraud (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 (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.).

Published Decisions

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)
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)

Prior Experience

  • 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

Civic & Charitable Activities

  • Forest Creatures Foundation, Director, 2020 – Present
  • 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

Education

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

Clerkship

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

Admissions

  • New Jersey
  • New York
  • Vermont
  • U.S. Supreme Court
  • U.S. Courts of Appeals
    • Second Circuit
    • Third Circuit
    • Seventh Circuit
    • Federal Circuit
  • U.S. District Courts
    • District of New Jersey
    • Southern District of New York
    • Eastern District of New York
    • Northern District of New York
    • Western District of New York
    • District of the District of Columbia
    • Northern District of Illinois
    • Central District of Illinois
    • Eastern District of Michigan
    • District of Vermont