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.
Quotes, News & Publications
- “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).
- “Not Open and Shut.” The Deal. (March 20, 2009).
- “Hedge Funds Unhinged.” The Deal. (April 17, 2009).
- “New SEC Antifraud Rule: Utmost Tool in Subprime Crisis.” New York Law Journal. (July 30, 2008).
- “Hedgemony.” The Deal. (July 21, 2008).
Mark has experience in all phases of civil and criminal litigation, including significant trial and appellate experience. In addition, Mark has extensive knowledge of regulatory issues, including those facing hedge and mutual funds and their advisors. Representative litigations include:
- 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 an aerospace engineering company, Final Analysis Communication Services, Inc., 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. Defendant’s sentence was reduced to less than half that sought by the government and recommended by the pre-sentence report.
- Represented a hedge fund in a litigation involving an alleged failed $28.125 million loan trade. The case was favorably settled through mediation.
- 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 at the eve of trial.
- Represented an individual defendant through trial on criminal charges related to the alleged improper sale of stock.
- Represented an insurance marketing firm through trial in a complex litigation involving claims of fraud, unfair practices, and breach of contract.