Mark A. Berman Partner Tel: 212.922.9250 x266 Email: [email protected] 360 Lexington Avenue New York, NY 10017 . Tel: 212.922.9250 . Fax: 212.922.9335 . www.ganfershore.com ark Berman is a partner in the firm’s Commercial Litigation practice group M as well as in its other litigation practice groups. He co-heads the firm’s Complex Title Insurance Litigation practice. Mr. Berman is a member of the firm’s Cooperative and Condominium Housing Practice Group. He has extensive experience in representing private and public companies, as well as partnerships and individuals, as plaintiffs and defendants, in complex commercial matters with an emphasis on real estate disputes, electronic discovery conflicts, and complex title insurance issues. Mr. Berman is experienced in all phases of litigation in both state and federal courts as well as in arbitral forums. He is a seasoned appellate attorney, having argued many cases before both the First and Second Departments. Mr. Berman is also a trained mediator. He has also been appointed as a discovery master by a New York Commercial Division Justice. Prior to joining, 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. Practice Areas Mr. Berman has written and lectured extensively on electronic discovery, social § Commercial Litigation media and ethics issues before the American Bar Association, the New York § Real Estate Litigation State Bar Association and the New York State Judicial Institute, the First and Second Appellate Divisions of the New York Supreme Court. He has been § Complex Title Litigation appointed by the Chief Administrative Judge as a member of New York State E- § Professional Liability Discovery Working Group advising the New York State Unified Court System. Defense Mr. Berman was Chair of the Commercial and Federal Litigation Section of the § Securities Litigation New York State Bar Association (NYSBA) for 2016-2017. He is an “at large” representative on the Executive Committee of NYSBA and Chair of NYSBA’s § Cooperative and newly formed Committee on Technology and the Legal Profession. Condominium Housing Since 2005, Mr. Berman has authored a column in The New York Law Journal § E-Discovery Counseling addressing electronic discovery under New York State law. Mr. Berman’s articles § Arbitration/Mediation have been quoted in both appellate and trial court decisions. Mr. Berman is rated “AV” by Martindale-Hubbell, the highest level in professional § Employment Law excellence and ethics, and has been selected as a “New York Super Lawyer” annually since 2008. Education § Benjamin N. Cardozo Representative Cases School of Law n Represented a major hotel in a Yellowstone injunction dispute with its tenant. (J.D. 1990) n Represented plaintiff concierge company in an antitrust litigation and before magna cum laude the United States Surface Transportation Board. Editor, Moot Court Board Defended company in a class action alleging violation of the Fair and n Order of the Barrister Accurate Credit Transaction Act. § Columbia College n Represented insured property owners and lenders in complex title disputes. (A.B. 1986) n Represented plaintiff beverage distributor against a multi-national drink manufacturer in a breach of contract arbitration. Mark A. Berman Partner Tel: 212.922.9250 x266 Email: [email protected] 360 Lexington Avenue New York, NY 10017 . Tel: 212.922.9250 . Fax: 212.922.9335 . www.ganfershore.com n Defended Fortune 500 company in a malicious prosecution litigation. n Represented plaintiff, a world-renown trademark owner, against infringers. n Represented condominiums in disputes with their sponsor and architect in defective design and construction litigations. n Represented a nationwide provider of maintenance services in indemnification actions. n Defended developer in an air rights dispute relating to a New York City hotel. n Represented employees in breach of contract actions against employers. n Represented Assignee for the Benefit of Creditors in arbitrations seeking to recover loans made to brokers by a securities brokerage company. n Represented developers and building owners in licensing disputes relating to neighboring construction. Admissions n New York State (1991) n U.S. District Court, Southern District of New York (1993) n U.S. District Court, Eastern District of New York (1993) n U.S. District Court, Northern District of New York (2000) n U.S. Supreme Court (1998) Memberships n Member, “At-Large,” Representative, Executive Committee, NYSBA, 2018 to present. n Chair, Committee on Technology and the Legal Profession, NYSBA, 2017 to present. n Co-Chair, Commercial Division Committee of the Commercial and Federal Litigation Section, NYSBA, 2017 to present. n Chair, Commercial and Federal Litigation Section, NYSBA, 2016-17. n Co-Chair, Social Media Committee of the Commercial and Federal Litigation Section, NY State Bar Association, 2013-16. n Board of Editors, New York State Bar Association Journal, 2016 to present. n Fellow, The New York Bar Foundation, 2015 to present. n Member, Education Subcommittee, Electronic Discovery Working Group for the NY State Court System, 2010 to present. n Member, and former Secretary, E-Discovery Committee of the Commercial and Federal Litigation Section, New York State Bar Association, 2006 to present. n Member, Federal Bar Council, Second Circuit Courts Committee, 2008 to present. n Member, New York American Inn of Court, 2012 to present. n 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 professional responsibility, electronic discovery, social media and ethics issues at a variety of judicial education programs, bar associations and New York City law schools. Jeremy R. Feinberg Special Referee, New York State Supreme Court, County of New York Jeremy R. Feinberg is a Special Referee of the New York County Supreme Court, Civil Division. His docket includes referred matters from the Commercial Division, New York County, as well as matrimonial and general IAS Part cases. He issues reports and gives recommendations (or, in some instances, issues determinations) on referred matters ranging from attorneys’ fees awards to e-discovery issues to personal jurisdiction challenges. He worked at the Office of Court Administration from 2006-2013, serving on the staff of the Chief Administrative Judge, before becoming a Special Referee in 2013. Prior to joining the court system in 2006, Special Referee Feinberg was associated with Proskauer, where he served the firm and its clients on sports law, professional responsibility, and commercial litigation matters. He was law clerk to the Hon. Judith S. Kaye, former Chief Judge of New York State from 1996-1998. He is a 1995 graduate of Columbia Law School and a 1992 graduate of Columbia College. MICHAEL L. FOX, B.A., J.D. Assistant Professor of Business Law & Pre-Law Advisor Mount Saint Mary College Newburgh, New York Dr. Michael L. Fox is an Assistant Professor of Business Law in the School of Business at Mount Saint Mary College, in Orange County, New York. He teaches courses in the undergraduate business program, and in the MBA program. He also serves as the College’s Pre-Law Advisor. Professor Fox received his Bachelor of Arts (B.A.) degree, Phi Beta Kappa and summa cum laude, from Bucknell University, in Lewisburg, PA, with a major in Economics and minor in Biology. He was elected to Phi Beta Kappa in his junior year. At graduation, he received the award for the highest standing in Economics, and he was active throughout his college career, among other things serving as a member of the Middle States Period Review Report Committee for Bucknell, and as a member of the University Judicial Boards. Dr. Fox received his Doctor of Law (J.D.) degree from Columbia University School of Law, in New York City, where he was a Harlan Fiske Stone Scholar and an Articles Editor on the Columbia Business Law Review. Professor Fox served as a law clerk to the Hon. Lawrence E. Kahn, U.S. District Judge, in the Northern District of New York, in Albany. He has been rated AV-Preeminent by Martindale-Hubbell since 2015, and has been selected to the Upstate New York Super Lawyers list in 2013, 2014, 2015 and 2016. He is admitted to practice in New York State, as well as in the Southern, Eastern and Northern Districts of New York, the Second Circuit U.S. Court of Appeals, and the United States Supreme Court. Professor Fox previously worked as an associate in the litigation department of Stroock & Stroock & Lavan LLP, in Manhattan; and was, sequentially, an associate, senior counsel, and then partner, and the litigation managing attorney at Jacobowitz & Gubits, LLP, in New York’s Hudson Valley. At Jacobowitz & Gubits his primary practice areas were Federal Practice, Electronic Discovery, Employment and Discrimination Law, Business Entity Disputes, Property Disputes, Estates Litigation, as well as general civil litigation. From February 2014 to November 2016, he served as Deputy Corporation Counsel and special labor counsel for the City of Port Jervis. Professor Fox has been very active with the American Bar Association, New York State Bar Association, and Orange County Bar Association. He is presently the Vice President for the Ninth Judicial District of the NYSBA, and a member of the NYSBA Executive Committee and House of Delegates. He is also a former Delegate to the ABA House of Delegates (2008-2014), and previously served as a Delegate to the NYSBA House of Delegates from 2008 to 2014, and as a Member-at-Large of the Executive Committee from 2015 to 2017. He is also a member of the Commercial & Federal Litigation Section and Trial Lawyers Section of NYSBA, and is a past Chairperson of the Young Lawyers Section (one of the largest NYSBA Sections), and is a past Secretary and Treasurer of that Section.