Profile
Mark A. Berman is a commercial litigator, having an emphasis on complex real estate and securities litigation. Prior to joining Ganfer & Shore, he was a litigation associate at Skadden Arps and clerked for United States Magistrate Judge Michael L. Orenstein for the Eastern District of New York. Mr. Berman is a featured columnist in The New York Law Journal writing on electronic discovery issues. He is a member of the Electronic Discovery Working Group for the New York State Courta and the Secretary of the E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association. He is also a member of the Federal Bar Council, Second Circuit Committee, Commerical Division Law Report Committee of the New York State Bar Association and the Professional and Judicial Ethics Committee of the Association of the Bar of the City of New York
About Mark Berman
Admitted: 1991, New York
Professional Webpage: www.ganfershore.com/sub/mark-a-berman.jsp
Bar/Professional Activity:
- Member, Professional and Judicial Ethics Committee, Association of the Bar of the City of New York; Member, Federal Bar Council, Second Circuit Courts Committee;Secretary, E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association.
Scholarly Lectures and Writings:
- Now That Everything Is Collected, How Do You Produce It? The New York Law Journal Special Edition, March 21, 2011. Overbroad Demands and Improper Denials? The New York Law Journal, March 1, 2011. The Ethics of Social Networking Discovery, The New York Law Journal, November. 2, 2010. Courts Still Wary of Granting Hard Drive Review Requests, The New York Law Journal, September 7, 2010. Expectations of Privacy in E-Mail Communications, The New York Law Journal, July 6, 2010. Recent Decisions Tackle Electronic Defamation, The New York Law Journal, May 4, 2010, N.Y. Courts Embrace Use of E-Communciation Discovery, The New York Law Journal, March 2, 2010, Cases Stress Need To Be Clear On Storage, Retention Policies, The New York Law Journal, January 5,2 2010, Rulings Address Defamation on Interactive Site, in E-Mail, The New York Law Journal, November 24, 2009. Recent Decision Stress Need to Preserve Electronic Data, The New York Law Journal, September 22, 2009. State Courts and Federal Computer Fraud and Abuse Act, The New York Law Journal, July 28, 2009. Counsel Must Take Active Role in Preserving, Retrieving ESI, The New York Law Journal, June 2, 2009. Long-Arm Jurisdiction, E-Mail and Web Sites, The New York Law Journal, March 31, 2009. Interactive Web Sites and New York Jurisdiction, The New York Law Journal, January 27, 2009. Expectation of Privacy in Electronic Communications; The New York Law Journal, October 28, 2008. “Electronic” Defamation: Difficulties Indentifying Source, The New York Law Journal, August 28, 2008. The Power of Emails and Text Messages, The New York Law Journal, June 22, 2008. The Changes in Law on Electronically Stored Information, The New York Law Journal, February 14, 2008. Scope Limits on E-Discovery Under Recent State Decisions, The New York Law Journal, October 29, 2007. On “Meta Data,” Instant Messaging and Bates Stamping, The New York Law Journal, August 3, 2007. Duty to Preserve and Preservation Orders Under N.Y. Law, The New York Law Journal, June 14, 2007. Spoliation of Electronically Stored Information, The New York Law Journal, March 20, 2007. Developments in New York Electronic Discovery Law, The New York Law Journal, October 27, 2006. The ‘Long-Arm’ Statute -- Instant Messaging May Confer Personal Jurisdiction on Defendant, The New York Law Journal, August 22, 2006. Can ‘Intangible’ Electronic ‘Property’ Be ‘Converted’ in N.Y.?, The New York Law Journal, April 26, 2006. Preservation of Electronic Information by Nonparties under the Private Securities Litigation Reform Act, American Bar Association, Securities Litigation Journal, Winter 2006. The Information Trail, The New York Law Journal, December 27, 2005, reprinted in The National Law Journal, Vol. 28, No. 33. Are Private E-Mails Really Private?, The New York Law Journal, October 7, 2005 reprinted in Computer Law Reporter, Vol. 42 Number 5, January 2006. Forensic Inspection of Computer Hard Drive under New York State Law, The New York Law Journal, September 1, 2005. E-Discovery in New York State, The New York Law Journal, June 22, 2005.