Partner

Mark A. Berube

212.885.8814 mberube@bartonesq.com
Partner

Mark A. Berube

212.885.8814 mberube@bartonesq.com
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Mark A. Berube practices in the area of complex commercial litigation, including securities regulation, insurance, antitrust, bankruptcy, copyright, and employment litigation. He regularly represents both plaintiffs and defendants in a variety of business disputes involving claims of fraud, breach of contract, interference with contract, defamation, and unfair practices. He has represented Fortune 500 and international business entities, as well as principals thereof, in securities and accounting fraud matters, commercial and financial disputes, antitrust investigations, bankruptcy matters, and RICO litigation.

Mark also has an established practice in white collar criminal defense and regulatory investigations. 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.

Mark received his B.A. from the University of Massachusetts, Dartmouth, in 1993, summa cum laude, and his J.D. from New York University in 1997, cum laude, where he was Editor-in-Chief of the Annual Survey of American Law Journal.

Immediately prior to joining Barton LLP, Mark was a partner in the New York office of the international law firm Mishcon de Reya, and was previously a partner at Sheppard, Mullin, Richter & Hampton, LLP and an associate at White & Case LLP.

Practices
Industry Experience
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Intellectual Property Litigation
  • Counsel to Visual Artists in Copyright Infringement Action Against Google
    • 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.
  • Counsel to Fashion Designer Regarding IP Infringement
    • Represented a fashion designer in multiple litigations involving trademark and patent infringement.
Commercial Litigation
  • Favorably Settled $28 Million Load Trade Litigation
    • Represented a hedge fund in a litigation involving an alleged failed $28.125 million load trade. The case was favorably settled through mediation.
  • Defended Firm in Complex Fraud and Breach of Contract Litigation
    • Represented an insurance marketing firm through trial in a complex litigation involving claims of fraud, unfair practices, and breach of contract.
  • Secured Net Jury Verdict of $130 Million for Aerospace Engineering Co.
    • 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.
White Collar Defense
  • Defended Client Regarding Violations of Iranian Trade Regulations
    • 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.
  • Defended Client Regarding Alleged Improper Sale of Stock
    • Represented an individual defendant through trial on criminal charges related to the alleged improper sale of stock.
Regulatory Investigations And Enforcment
  • Favorably Settled Case Involving SEC Enforcement Action
    • 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.
  • Led Case Involving Dissolution of Three Corporations
    • 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.