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Mark A. Berman is a partner in the Litigation Practice of Ganfer & Shore, LLP. He is a seasoned litigator whose practice focuses on representing corporations, partnerships and individuals in complex commercial civil litigation on both the plaintiff and defendant’s side with an emphasis on real estate and securities matters. 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 counsels clients in a variety of litigation matters, including having represented real estate developers in connection with construction and demolition of buildings and air rights disputes; a concierge company in an antitrust dispute and in a class action defense; a major New York City hotel in connection with its tenant’s breach of its lease; plaintiffs and defendants in Rule 105-b disputes under the securities laws; condominiums and cooperatives relating to shareholder disputes and construction defects; individuals and entities relating to disputes with their current and former business partners; companies on indemnification and contribution claims; sponsors in connection with disputes with cooperative board of directors; an assignee for the benefit of creditors; individuals and companies in connection with accounting and legal malpractice claims; title insurance companies in connection with complex title insurance-related disputes; trademark owners in connection with intellectual property disputes; individuals and companies in connection with wrongful termination of employment and consulting agreements; and a Fortune 500 company in a malicious prosecution case. He has been recognized as a "New York Super Lawyer” for 2008-2011. Mr. Berman has written and spoken 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 Chief Administrative Judge Ann Pfau as a member of New York State E-Discovery Working Group advising the New York State Unified Court System. Since 2005, Mr. Berman has had a column in The New York Law Journal addressing electronic discovery under New York State law. He is also the Secretary of the E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association. Mr. Berman has lectured in this area at various bar and judicial programs, as well as at Brooklyn Law School. Mr. Berman is a 1986 graduate of Columbia College and a 1990 magna cum laude graduate of Benjamin N. Cardozo School of Law, where he was a member of the Moot Court Board and was awarded the Order of the Barrister. Mr. Berman is a member of the Litigation Section of the American Bar Association, Association of the Bar of the City of New York, the Federal Bar Council Second Circuit Courts Committee, the Commercial Division Law Reporter Committee of the New York State Bar Association and the In House/Outside Litigation Counsel Committee of the Association of the Bar of the City of New York.
Mr. Berman is the author of E-Discovery in New York State, New York Law Journal, June 22, 2005; Forensic Inspection of Computer Hard Drives Under New York Law, New York Law Journal, September 1, 2005; Are Private E-mails Really Private?, New York Law Journal, October 7, 2005; The Information Trail, New York Law Journal, December 27, 2005; Preservation of Electronic Information by Nonparties Under the Private Securities Litigation Reform Act, American Bar Association, Securities Litigation Journal, Winter 2006; Can ‘Intangible’ Electronic ‘Property’ Be “Converted’ in N.Y.?, New York Law Journal, April 26, 2006; The ‘Long-Arm Statute’, New York Law Journal, August 22, 2006; Developments in New York Electronic Discovery, New York Law Journal, October 27, 2006; Spoliation of Electronically Stored Information, New York Law Journal, March 20, 2007; Duty to Preserve and Preservations Orders Under N.Y. Law, New York Law Journal, June 14, 2007; On ‘Metadata,’ Instant Messaging and Bates Stamping, New York Law Journal, August 31, 2007; “ Scope Limits in E-Discovery Under Recent State Decisions, “New York Law Journal, October 29, 2007; “Changes in Law on Electronically Stored Information,” New York Law Journal, February 14, 2008; “The ‘Power’ of E-mails and Text Messages,” New York Law Journal, June 19, 2008; ‘Electronic’ Defamation: Difficulties Identifying Source, New York Law Journal, August 28, 2008; Interactive Web Sites And New York Jurisdiction, New York Law Journal, January 27, 2009’; Long-Arm Jurisdiction, E-Mail and Web Sites, New York Law Journal, March 31, 2009; Counsel Must Take Active Role In Preserving, Retrieving ESI, New York Law Journal, June 2, 2009; State Courts and the Federal Computer Fraud and Abuse Act, New York Law Journal, July 28, 2009; Recent Decisions Stress Need to Preserve Electronic Data, New York Law Journal, September 22, 2009; Rulings Address Defamation On Interactive Sites, In E-Mail, New York Law Journal, November 24, 2009; Cases Stress Need to be Clear on Storage, Retention Policies, New York Law Journal, January 5, 2010; N.Y. Courts Embrace use Of E-Communication Discovery, New York Law Journal, March 2, 2010; Recent Decisions Tackle Electronic Defamation, New York Law Journal, May 4, 2010; Expectations of Privacy In E-Mail Communications, New York Law Journal, July 6, 2010; Courts Still Wary of Granting Hard Drive Review Requests, New York Law Journal, September 7, 2010; The Ethics of Social Networking Discovery, New York Law Journal, November 2, 2010; Case Law Remains Unclear As to Who Pays for What?, New York Law Journal, January 4, 2011; Overbroad Demands and Improper Denials, New York Law Journal, March 1, 2011; Now That Everything is Collected, How to produce It?, New York Law Journal, March 21, 2011; Recent Rulings Focus On Spoliation of ESI, New York Law Journal May 3, 2011;Long-Arm Jurisdiction E-Communication Update, New York Law Journal, July 5, 2011; On Metadata and Native Format Productions, New York Law Journal, September 6, 2011. Mr. Berman's direct telephone number is (212) 922-9286 and he can also be reached by e-mail atmberman@ganfershore.com.
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