Profile

Mark represents both plaintiffs and defendants in a wide range of complex commercial disputes as well as real estate, employment and e-discovery conflicts. Mark is a seasoned appellate attorney. He has been a court-appointed discovery master in a significant business litigation. His extensive experience allows him to assess his clients’ matters, develop sound solutions and position his clients for successful outcomes.

Mark’s practice largely focuses on business, real estate and complex title litigations. He represents public and private companies, partnerships, lenders, real estate developers, property owners, condominiums, cooperatives and their sponsors, as well as individuals, in disputes related to breach of contract, fraud, breach of fiduciary duty, forgery, insurance, construction, licensing and trespassing. He also resolves conflicts between shareholders, boards and managing agents.

Read Full Profile >

  • Represented a property owner in a multi-week breach of contract trial commenced by a broker that successfully resulted in a judgment in favor of the property owner
  • Represented iconic condominium in breach of contract and insurance dispute
  • Represented a major hotel in a Yellowstone injunction dispute with its tenant
  • Represented plaintiff concierge company in an antitrust litigation and before the United States Surface Transportation Board
  • Defended company in a class action alleging violation of the Fair and Accurate Credit Transaction Act
  • Represented insured property owners and lenders in complex title disputes involving fraud
  • Represented plaintiff beverage distributor against a multi-national drink manufacturer in a breach of contract arbitration
  • Defended Fortune 500 company in a malicious prosecution litigation
  • Represented condominium owners in disputes with their sponsor and architect in defective design and construction litigations
  • Represented developer in an air rights dispute relating to a major New York City hotel
  • Represented employees and employers in breach of contract actions
  • Represented developers and building owners in licensing disputes relating to neighboring construction

  • Listed in:
    • New York Super Lawyers®, Business Litigation, 2023
    • Martindale-Hubbell®, AV Preeminent Rated, Business Litigation
    • The American Lawyer & Corporate Counsel, Top Rated Lawyer in Commercial Litigation 
  • New York Chief Judge’s Commission to Reimagine the Future of the New York Courts, Commissioner, 2021-Present
  • New York State Bar Association
    • Co-Chair, The Task Force on the Post-Pandemic Future of the Profession, 2022-Present
    • Chair, Commercial and Federal Litigation Section, Commercial Division Committee, 2017-Present
    • Member, Executive Committee “At Large” Representative, 2018-2022
    • Chair, Committee on Technology and the Legal Profession, 2017-2020
    • Chair, Commercial and Federal Litigation Section, 2016-2017
    • Co-Chair, Commercial and Federal Litigation Section, Social Media Committee, 2013-2016
  • The New York Bar Foundation, Fellow, 2015-Present
  • New York State Court System, Electronic Discovery Working Group, Education Subcommittee Member, 2010-Present
  • Federal Bar Council, Second Circuit Courts Committee Member, 2008-Present

  • Quoted, "Judge Rejects Donald Trump's Request to Speak at Summations in Civil Fraud Trial," New York Law Journal, January 10, 2024
  • Time To Embrace AI: Client Counseling on AI
    Will Be Imperative, New York Law Journal, December 29, 2023
  • Quoted, "Landlord Creditors Wiped Out in WeWork Collapse May Have Advantage in Bankruptcy Court," New York Law Journal - Law.com, November 14, 2023 
  • A Negligent Cybersecurity Breach!, New York Law Journal, November 6, 2023
  • Meet the Jetsons: Virtual Lawyering, New York Law Journal, September 1, 2023
  • Co-Author, “Your Commercial Division ‘Tool Kit,’” New York Law Journal - Law.com, August 17, 2023
  • ChatGPT: To Use or Not to Use -- That is the Question!, New York Law Journal, June 29, 2023
  • Google Docs, Google Drive and Dropbox: What To Know in Litigation About Using Cloud Storage, New York Law Journal, May 1, 2023
  • Litigation in New York: Post Pandemic, Part 2, Co-Author with New York Supreme Court Justice Craig Doran, New York Law Journal, March 15, 2023
  • Litigation in New York: Post Pandemic Co-Author with New York Supreme Court Justice Craig Doran, New York Law Journal, March 6, 2023
  • New York’s New Cybersecurity Mandatory CLE Requirement and a Roadway to Cyber-Claims, New York Law Journal, December 30, 2023
  • The Future of Virtual Lawyering in New York State, Co-Author with New York Supreme Court Justice Craig Doran, New York Law Journal, October 31, 2022
  • Social Media Evidence Admissibility, New York Law Journal, September 6, 2022
  • Creative Digital Service of Process, New York Law Journal, July 1, 2022
  • Settlement Agreement by Email, New York Law Journal, May 2, 2022
  • Nuances on Virtual Proceedings, New York Law Journal, February 28, 2022
  • Something Special for the Commercial Litigator, New York Law Journal, February 17, 2022
  • New Rule on Taking Remote Depositions, New York Law Journal, January 3, 2022
  • ESI in the Cloud and the Use of Dropbox, New York Law Journal, November 1, 2021
  • Compelling a Virtual Arbitration Over Objection, New York Law Journal, September 3, 2021
  • Virtual Proceedings: Technology Can Ensure Fairness, New York Law Journal, July 2, 2021
  • Virtual Bench Trial Protocols, New York Law Journal, May 3, 2021
  • Reimagining the Technology of New York's Courts, New York Law Journal, March 31, 2021
  • In-Person Versus Virtual Bench Trials, New York Law Journal, January 4, 2021
  • Remote Depositions in State Court: Can They Be Compelled?, New York Law Journal, November 2, 2020
  • Q&A Interview of Mark A. Berman: Lawyering Remotely in the Age of COVID, New York Law Journal, September 2, 2020
  • Triggering and Production of 'Litigation Holds’, New York Law Journal, August 31, 2020
  • Editor/Author, The Virtual Lawyer E-Book, New York State Bar Association, Summer 2020
  • Cybersecurity Education for Lawyers, New York Law Journal, July 6, 2020
  • Are Non-Party Attorney Fees Recoverable as a Reimbursable ESI Production Expense?, New York Law Journal, May 4, 2020
  • Remote Computing: Cyber Protection From Home, New York Law Journal, March 16, 2020
  • Cybersecurity ‘Hygiene’ for Lawyers, New York Law Journal, March 16, 2020
  • Email Spoliation Sanctions, Timing is Everything, New York Law Journal, January 7, 2020
  • ComFed’s 2019 Social Media Ethics Guidelines, New York Bar Association Journal, September/October 2019
  • Social Media, Jurors and Jury Instructions, New York Law Journal, November 5, 2019
  • Who Pays for E-Discovery Attorney Fees and Vendor Expenses? , New York Law Journal, September 3, 2019
  • 2019 Social Media Ethics Guidelines, New York Law Journal, July 2, 2019
  • Audit Trail ‘Meta Data’ Leaves Tell-Tale Signs in Medical Malpractice Actions, New York Law Journal, May 6, 2019
  • Social Media Demands Must Be Tailored and Reasonable, New York Law Journal, March 4, 2019
  • Women Attorneys in Tech: Four Industry Leaders Talk About Their Work, New York Bar Association Journal, January/February 2019