Mark A. Berman

Mark represents both plaintiffs and defendants in a wide range of complex business disputes as well as in real estate, employment and in technology 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, law firms, universities, lenders, title insurance companies, investment advisors, non-profit organizations, real estate developers, commercial property owners and tenants, 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.

Mark’s litigation includes:

• Disputes between current and former business partners in numerous types of complex business disputes;
• Technology and E-discovery controversies;
• Bank and insurance fraud;
• Phishing and hacking disputes;
• Disputes concerning the construction and the demolition of buildings as well as in leasing, air rights, trespass, easement  and licensing controversies;
• Insurance declaratory judgment actions;
• Employment disputes for both management, including enforcement of non-competition provisions;
• Matters for condominiums and cooperatives and also for sponsors and investors, as well as for unit owners, relating to construction, property damage, shareholder, board and managing agent disputes;
• Indemnification and contribution claims; and
• Complex title insurance disputes.

Prior to joining Bond, Mark was a litigation partner with Ganfer Shore Leeds & Zauderer and before that was a commercial litigation associate with Skadden, Arps, Slate, Meagher & Flom in New York City. Mark also previously served as a Judicial Law Clerk for the Hon. Michael L. Orenstein, United States Magistrate Judge for the Eastern District of New York. He has authored a regular column on e-discovery in The New York Law Journal since 2005 and now is the author of The Virtual Lawyer column. His articles have been quoted in both appellate and trial court decisions. Mark was awarded an Innovation Award in 2021 by The New York Law Journal. He is a Commissioner and co-chair of Technology on the Chief Judge’s Commission to Reimagine the Future of the New York Courts. He is also a member of the Commission's Post-Pandemic Working Group and Court Modernization Action Committee. Mark is also a member of the Appellate Division, Second Department's Artificial Intelligence Task Force.

Mark also served on the Executive Committee of the New York State Bar Association (NYSBA) as a Member-At-Large and was the founding chair of its Committee on Technology and the Legal Profession. He is a former Chair of NYSBA’s Commercial and Federal Litigation Section and co-chairs its Commercial Division Committee.

He has taught a Law and Technology class at Syracuse, Albany and City University Law Schools as well as seminars on Artificial Intelligence at Columbia and Hofstra Law Schools.