Mr. Berman is a partner in the Commercial Litigation, Cooperative and Condominium Law and Employment and Labor Law Practice Groups at Ganfer & Shore.
He has extensive experience in representing private and public companies, as well as partnerships and individuals, as plaintiffs and defendants, in court and in arbitral forums, in complex commercial matters, with an emphasis on real estate and securities disputes, electronic discovery conflicts, and complex title insurance issues.
He is a seasoned appellate attorney, having argued many cases before both the First and Second Departments. Mr. Berman is also a trained mediator.
Prior to joining Ganfer & Shore, he was an associate in the litigation department at Skadden, Arps, Slate, Meagher & Flom LLP and clerked for United States Magistrate Judge Michael L. Orenstein for the Eastern District of New York.
Mr. Berman has written and lectured extensively on electronic discovery issues before the American Bar Association, the New York State Bar Association and the New York State Judicial Institute. He has been appointed by the Chief Administrative Judge as a member of New York State E-Discovery Working Group advising the New York State Unified Court System.
Since 2005, Mr. Berman has authored a column in The New York Law Journal addressing electronic discovery under New York State law. Mr. Berman’s articles have been quoted in both appellate and trial court decisions.
Mr. Berman is rated “AV” by Martindale-Hubbell, the highest level in professional excellence and ethics, and has been selected as a "New York Super Lawyer” annually since 2008.
Education
Benjamin N. Cardozo School of Law (J.D., 1990);
magna cum laude;
Editor, Moot Court Board;
Order of the Barrister;
Columbia College (A.B., 1986)
Memberships and Admissions
New York State (1991);
U.S. District Court, Southern District of New York (1993);
U.S. District Court, Eastern District of New York (1993);
U.S. District Court, Northern District of New York (2000);
U.S. Court of Appeals, Second Circuit (2004);
U.S. Supreme Court (1998);
Member, Electronic Discovery Working Group for the New York State Court System, 2010 to present.
Member, Education Subcommittee, Electronic Discovery Working Group for the New York State Court System, 2010 to present.
Secretary, E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association, 2006 to present. Contributing Author, “Best Practices in E-Discovery in New York State and Federal Courts,” Report of the E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association, July 2011.
Member, Federal Bar Council, Second Circuit Courts Committee, 2008 to present. Subcommittee member, SDNY Pilot Project E-Discovery; Subcommittee member, Second Circuit Courthouse Book Project, Author, Islip Courthouse Chapter.
Member, In-House/Outside Litigation Counsel Group, Association of the Bar of the City of New York, 2011-2014.
Member, Professional and Judicial Ethics Committee, Association of the Bar of the City of New York, 2008-2011.
Lecturing/Teaching
Mr. Berman has lectured on electronic discovery issues at Brooklyn Law School and Benjamin N. Cardozo School of Law.
Representative Cases
- Represented a major New York City 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 plaintiff beverage distributor against major drink manufacturer in a breach of contract arbitration.
- Defended Fortune 500 company in a malicious prosecution litigation.
- Represented plaintiff, a world-renown trademark owner, in an action against potential infringers.
- Represented a condominium in a dispute with its sponsor and architect in a defective design and construction litigation.
- Represented provider of maintenance services in an indemnification action.
- Defended developer in an air rights dispute relating to a major New York City hotel.
- Represented employee in a breach of contract arbitration against a former employer.
- Represented Assignee for the Benefit of Creditors in arbitrations seeking to recover loans made to brokers by a securities brokerage company.
Mr. Berman's direct telephone number is (212) 922-9286 and he can also be reached by e-mail mberman@ganfershore.com.
