Mark A. Berube is a partner in the Litigation practice group at Greenspoon Marder. Mr. Berube practices in the area of complex commercial litigation, and has served as legal advisor to Fortune 500 and international business entities in antitrust, bankruptcy, copyright, employment litigation, RICO, insurance and securities regulation. He has extensive experience representing both defendants and plaintiffs in a wide array of business disputes involving breach of contract, claims of fraud, defamation, interference with contract and unfair practices.
Mr. Berube has established a robust white collar criminal defense and regulatory investigations practice. He has defended clients in proceedings against the Department of Justice, the SEC, and state regulators.
Outside the courtroom, Mark has significant experience in overseeing complex internal investigations, as well as representing his clients’ interests in mediations and arbitrations.
Court Admissions
- U.S. District Courts: Southern and Eastern Districts of New York, District of Massachusetts
- U.S. Courts of Appeals: Second Circuit and Fourth Circuit
Bar Admissions
- New York
- Massachusetts
Education
- J.D., cum laude, NYU School of Law, 1997
- Annual Survey of American Law Journal, Editor-in-Chief
- B.A., summa cum laude, University of Massachusetts, Dartmouth, 1993
Representative Experience
- Represented visual artists and their trade associations in one of the largest ever copyright infringement actions against Google, Inc. related to the Google Books Program.
- Represented a fashion designer in multiple litigations involving trademark and patent infringement.
- Represented a hedge fund in a litigation involving an alleged failed $28.125 million load trade. The case was favorably settled through mediation.
- Represented an insurance marketing firm through trial in a complex litigation involving claims of fraud, unfair practices, and breach of contract.
- Represented Final Analysis Communication Services, Inc., an aerospace engineering company, in a complex breach of contract action against General Dynamics Corporation and secured a net jury verdict of $130 million.
- Represented an individual defendant on motions for a judgment of acquittal and/or a new trial with respect to convictions for violations of the Iranian Trade Regulations, money laundering, and obstruction of justice. The defendant’s sentence was reduced to less than half that sought by the government and recommended by the pre-sentence report.
- Represented an individual defendant through trial on criminal charges related to the alleged improper sale of stock.
- Represented an investment adviser to a mutual fund in connection with an enforcement action by the SEC alleging fraud and breach of fiduciary duty. The case was favorably settled on the eve of trial.
- Represented an individual in New York state court involving the dissolution of three New York corporations and derivative claims sounding in breach of fiduciary duty.
Recognitions
- Super Lawyers magazine, “New York Metro Super Lawyers,” Business Litigation, 2019 – 2022
Publications
- Author, “FCPA: To Disclose or Not to Disclose, That is the Question,” Westlaw Journal: White-Collar Crime, Volume 30, Issue No. 5, February 2016
- “Fraud International,” The Deal, October 1, 2010
- “Hedge Funds Unhinged,” The Deal, April 17, 2009
- “Not Open and Shut,” The Deal, March 20, 2009
- Author, “New SEC Antifraud Rule: Utmost Tool in Subprime Crisis,” New York Law Journal, July 30, 2008
- “Hedgemony,” The Deal, July 21, 2008
News
- Sep 29, 2022 Super Lawyers Recognizes Nine Greenspoon Marder Attorneys In New York Metro 2022 Edition
- Sep 30, 2021 Super Lawyers Recognizes 11 Greenspoon Marder Attorneys In New York Metro 2021 Edition
- Mar 10, 2021 Greenspoon Marder Welcomes Five New Partners In New York Including New Managing Partner
