Hartmann, Doherty, Rosa & Berman

Mark A. Berman

126 State Street,
Hackensack, New Jersey 07601

(201) 441-9056
mberman@hartmanndoherty.com

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Mark practices in the fields of complex civil and white-collar criminal litigation at both the trial and appellate levels. Most recently, Mark successfully defended the former Vice President of Sales for Serono, Inc., a major biotechnology company, against an eight-count federal healthcare fraud indictment alleging violations of the Medicare Anti-Kickback statute, trying the case to a jury in federal court in Boston over the course of three weeks, and obtaining "not guilty" verdicts on all counts. The company had previously settled similar charges with the government for over $700 million dollars.

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. He then worked as a litigation associate at Weil, Gotshal & Manges in New York City. Prior to joining HDR&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 staffing partner for the Criminal Department.

Mark is AV® Peer Review Rated by Martindale-Hubbell. He was selected by Law of Politics to the list of New Jersey Super Lawyers, Criminal Defense: White Collar (2008) and to the New Jersey Law Journal's "40 Under 40" list of the top young attorneys in the State of New Jersey. He has Top Secret security clearance in connection with several of his cases, and has served on the CJA Panels for the United States District Court for the District of New Jersey and the United States Courts of Appeals for the Second and Third Circuits. Between 1999-2002, Mark was an Adjunct Professor of Law at Seton Hall University Law School, where he taught a seminar on the United States Sentencing Guidelines and the New Jersey sentencing code.

Representative Cases

Mark has handled a broad range of civil and criminal matters over the past several years, including:

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 a pharmaceutical executive named as a 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 securities 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.

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

Regulatory compliance internal investigations for, among others, the American subsidiary of German pharmaceutical company.

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

Defense of a corporate executive in Federal Election Commission enforcement action involving alleged reimbursement of political contributions.

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

Obtained full 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.

Co-counsel for Ali Saleh Kahlah al-Marri, who was designated by President Bush as an "enemy combatant" and detained at the Navy Brig in North Charleston, S.C., and for his brother, Jarallah, who is detained by the U.S. military at Guantánamo Bay, Cuba.

Obtained "no cause" verdict for attorney defendent charged in a civil assault and harassment lawsuit filed by a former client and tried to a jury in Ocean County, New Jersey.

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, American Society of International Law, National Association of Criminal Defense Lawyers, Association of Criminal Defense Lawyers of New Jersey, New Jersey State Bar Association

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, 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-present)

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

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

Representative Reported Cases

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-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)
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)
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)