Mark A. Berman

• 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

• 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

• 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,

• “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

• “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

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.).

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)

• 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

• 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