Hartmann, Doherty, Rosa, Berman & Bulbulia

Mark A. Berman

Mark is an experienced trial attorney and appellate litigator who represents individual and corporate clients in a wide range of complex civil and criminal cases. Most recently he won a judgment of acquittal for the former Director of Maintenance of a Florida charter jet company following a four-week jury trial in federal court in Newark, arising from the crash of a charter jet at Teterboro Airport; all of the other defendant executives and pilots were convicted. After graduating from Columbia Law School, Mark clerked for the Honorable Leonard I. Garth, on the United States Court of Appeals for the Third Circuit, and then worked as a litigation associate at Weil, Gotshal & Manges in New York. Prior to joining HDRB&B, Mark was a partner at Gibbons, P.C., one of New Jersey's largest law firms. During his twelve-year tenure at Gibbons, he served as the firm's hiring partner, and as staffing partner for the Criminal Law Department. Mark also was an Adjunct Professor of Law at Seton Hall University Law School, where he taught a seminar on the United States Sentencing Guidelines and New Jersey sentencing practice.

Mark is AV® Peer Review Rated by Martindale-Hubbell. In each of the past three years he has been selected to the list of "New Jersey Super Lawyers®, Criminal Defense: White Collar." In 2011 he was selected to the list of "Top 100" Super Lawyers® in New Jersey.*

Representative Cases

• Won judgment of acquittal on all charges against the former Director of Maintenance for Platinum Jet Management, a Florida corporate jet charter company, following a four week trial in federal district court in Newark. The government's charges arose from the crash of a charter Jet at Teterboro Airport on February 2, 2005, and included allegations of conspiracy to violate the Federal Aviation Regulations (FARS, Part 135) and to falsify weight and balance graphs and aircraft center of gravity calculations.

• Represent commercial landlord in multi-million dollar lease dispute with long-time tenant in office development in Elmwood Park, NJ.

• Obtained full acquittals for former Vice President of Sales for Serono, Inc., a major 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.

• Defense of a major medical device manufacturer in a Sherman Act antitrust and Lanham Act unfair competition lawsuit filed in federal court in Chicago by its major competitor in the bone cement market.

• Counsel for former president of major pharmaceutical company's clinical research lab who was named as an individual defendant in hundreds of federal and state product liability lawsuits arising out of the plaintiffs' alleged use of the pain-reliever Vioxx.

• Defense of a lawyer in connection with a securities fraud investigation being conducted by the U.S. Attorney's Office in Brooklyn, and related SEC civil enforcement proceedings.

• Obtained "no cause" verdict for Polo Ralph Lauren Corp. in a Section 1983 civil rights lawsuit tried to a jury in federal court in Newark.

• Represented multiple witness in connection with healthcare fraud investigations conducted by the U.S. Attorney's Office in Boston, MA.

• Defended vice president of Indiana medical device manufacturer in federal criminal investigation of possible violations of the federal Anti-Kickback Statute.

• Conducted regulatory compliance internal investigations for, among others, the American subsidiary of a major German pharmaceutical company.

• Defense of international telecommunications company in connection with a Foreign Corrupt Practices Act (FCPA) investigation conducted by the U.S. Attorney's Office in Newark.

• Defense of an executive in Federal Election Commission enforcement action involving alleged unlawful reimbursement of political contributions.

• Defense of three pharmaceutical companies in the Pharmaceutical AWP Multi-District Litigation in federal court in Boston and in several state and federal courts in New York and New Jersey.

• Obtained dismissal of indictment against mortgage broker in HUD fraud prosecution brought by U.S. Attorney's Office in Newark.

• Defense of 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 in Newark with spying against the United States on behalf of opposition politicians in the Philippines.

• Obtained "no cause" verdict for attorney charged in a civil assault and harassment lawsuit filed by a former client.

Professional Activities

Adjunct Professor of Law, Seton Hall University School of Law, Newark, NJ (1999-2002)

Vice-President, Columbia Law School Association of New Jersey (2006-present; Treasurer 2003-2006, Secretary 2001-2003, Trustee 1998-2001)

Member, Federal Bar Association, American Bar Association, Association of the Federal Bar of the State of New Jersey, National Association of Criminal Defense Lawyers, Association of Criminal Defense Lawyers of New Jersey

Publications

"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. 1 (1992)

"Yehoshafat Harkabi and the Arab-Israeli Conflict," 15 Fletcher F. World Aff. 147 (1991)

Interviews/Media

Article, David Porter, "Judge dismisses charges against one man charged in Teterboro Airport plane crash," Associated Press (Nov. 5, 2010)

Article, Jane Mayer, "The Hard Cases," New Yorker (Feb. 23, 2009)

Article, Joe Ryan, "Federal appeals court reduces sentence for Philippines officer in spy case," Star Ledger (Feb. 6, 2009)

Article, Joe Ryan, "Reduced sentence asked in spy case," Star Ledger (Nov. 22, 2008)

Article, Jeff Whelan, "The Plot To Steal U.S. Secrets For A Foreign Coup," Newark Star-Ledger at 1 (May 7, 2007)

Article, Ross Kerber, "Jury Acquits 4 In Serono Kickback Case - Verdict Delivers Blow To US Probe Of Drug Industry," Boston Globe (May 4, 2007)

Interview, Kate Coscarelli, "N.J. Lawyer Telecommutes -- From Israel," Newark Star-Ledger at 43 (Sep. 1, 2006)

Article, John Martin, "Judge Allows Depositions In Philippine Spying Case," Newark Star-Ledger at 12 (June 30, 2006)

Article, Ross Kerber, "Workers' Rights Get Lost As Firms Settle US Probes," Boston Globe (Nov. 6, 2005)

Article, "New Spy Case Revives Concerns Over Security At FBI," New York Times at A22 (Oct. 7, 2005)

Interview, "Defending Our Freedom: 'If They Can Do This To The Guantánamo Detainees, They Can Do It To Me," The Metropolitan Corporate Counsel (Aug. 2005)

Article, "Attorneys will be allowed to see al-Marri - Prosecutors changed their minds after recent Supreme Court ruling, official says," Peoria Journal Star (July 29, 2004)

Article, "Bail is lowered for Giants' Parker," New York Times at D7 (May 24, 2001)

Article, "Judge Lets Taylor Off The Hook," Jersey Journal at 2 (Jan. 6, 2000)

Article, "A Treaty That Binds in Hudson," N.J.L.J. 1 (Apr. 20, 1998)

Civic/Charitable Activities

Trustee, Radburn Association (2003-2006)

Trustee, Cornelian Community Counselors, Inc. (Legal Services) (2004-2006)

President, Ahavat Achim Orthodox Congregation of Fair Lawn (2003-2006; Financial Sec'y, 2002-2003; Trustee, 2000-2002, 2006-2008)

Trustee, Gerrard Berman Day School, Oakland, New Jersey (2001-2005)

Honoree, Alumnus of the Year, Yavneh Academy, Paramus, New Jersey (2004)

Representative Reported Cases

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)