Name: Mark R. Osherow
Item: Mark R. Osherow
Author: mark1

Bio

Mark R. Osherow is a Florida Bar Board Certified Specialist in Business Litigation with over 33 years of experience. He has practiced for most of those years in both state and federal courts throughout Florida. With significant trial and alternative dispute resolution experience, Osherow has taken countless depositions and served as first-chair in numerous trials, arbitrations and mediations. He serves as a legal advisor for his clients as they assess their business risks across a large segment of industry and service providers.

Mr. Osherow was recently selected by his peers for inclusion in The Best Lawyers in America for 2021 in the field of Business Litigation. This is the seventh year in a row that Mr. Osherow has achieved this recognition. Mr. Osherow has also been included in the listing of the 2017 and 2021 Top 100 Miami Area Super Lawyers and has been recognized in Super Lawyers for 15 years beginning in 2o07.

In 2020, Mr. Osherow was selected to become a member of the Craig S. Barnard American Inn of Court LIV in Palm Beach County , Florida. The American Inns of Court are designed to improve the skills, professionalism and legal ethics of the bench and bar. They help lawyers become more effective advocates with a keener ethical awareness by providing them the opportunity to learn side-by-side with the most experienced judges and lawyers in their community, such as Mr. Osherow. He has now been honored to be promoted to being Chair, Judicial Liaison for the Inn.

Mr. Osherow's practice encompasses a wide range of business and commercial litigation matters in a variety of areas, including trade secret and non-compete litigation, real estate, construction, fraud, business torts, securities, labor and employment, professional liability, and corporate, partnership and bankruptcy-related disputes.

He is also well-versed in probate litigation and other matters related to estate planning and trusts. Mr. Osherow’s experience also includes consumer protection and class actions, products liability, actions involving judicial dissolution of corporate entities and partnerships, insurance coverage and ERISA benefits litigation issues.

Osherow is well versed in federal practice, having handled cases involving Title VII, Section 1983, FLSA, ADA, FMLA Computer Fraud and Abuse (CFAA), and claims under many other state and federal employment related statutes, as well as claims involving many sorts of governmental liability claims. He has substantial experience with class action litigation particularly in the areas of consumer fraud class actions and collective actions under the FLSA. He is a Florida Qualified Arbitrator and a Florida Supreme Court Civil Mediator and has appeared before both FINRA and the American Arbitration Association.

In addition to arbitration and mediation services, Osherow also provides services as an e-Neutral, including as an e-Discovery Special Master/Magistrate and eDiscovery Mediator. He is experienced with issues related to data breach, data security and cyber defamation.

He holds an AV^{^®} Preeminent™ Peer Review Rating by Martindale-Hubbell, achieving the agency’s highest marks for both competency and ethics. He has also been selected as a “Florida Super Lawyer” by Super Lawyers magazine (2007-2021) and a “Florida Legal Elite” by Florida Trend magazine. Most recently, he was recognized in “The Best Lawyers in America^{^®}” 2014-2021. Osherow previously ran his own boutique litigation practice in Boca Raton, which was named a Go-To Law Firm^{^®} by Corporate Counsel magazine in 2007.

A frequent presenter on a variety of legal topics, Osherow frequently presents on e-discovery for commercial litigators and various other topics of interest to Florida pratitiioners.

Osherow has served on the Board of Directors for the South Palm Beach County Bar Association (SPBCBA) for 11 years, serving in several roles: President (2015-2016); President-Elect (2014-2015); Treasurer (2013-2014); and Secretary (2012-2013). He is a Past-President of the organization. He was featured in the Palm Beach County and Fort Lauderdale edition of Attorney at Law magazine. In November 2004, Osherow was recognized by Trial Lawyers Care for his pro bono work with the September 11th Victim Compensation Fund.

He is a past chair of The Florida Bar Business Litigation Certification Committee and served two terms on The Florida Bar’s Standing Committee on the Unlicensed Practice of Law (UPL). Additionally, he was a member of the editorial board of The Florida Bar Journal and was a member and chair of a Fifteenth Judicial Circuit Grievance Committee. Osherow was appointed to The Florida Bar Board of Legal Specialization & Education after completing his term on The Florida Bar Federal Practice Committee, and served two three-year terms through June 2021.

Bar Membership

Florida (1994)

Connecticut (1988)

New York (1989)

New Jersey (1990)

Courts

U.S. Supreme Court

U.S. Court of Appeals, Eleventh Circuit

U.S. District Court, Southern, Middle and Northern Districts of Florida

U.S. District Court, Southern, Eastern and Northern Districts of New York

U.S. District Court, District of New Jersey

Education

Benjamin N. Cardozo School of Law, Yeshiva University New York, New York, 1988, J.D., Juris Doctor

University of Pennsylvania Philadelphia, Pennsylvania, 1985, B.A., Philosophy

Affiliations

15th Judicial Circuit Pro Bono Committee

Former Member, Junior Achievement Board of Directors

Palm Beach County Judicial Information Systems Policy Board Member (Previous)

Co-Chair South Palm Beach County Bar Association, Professionalism Committee (2017-2018)

Honors and Awards

Florida Bar Board Certified in Business Litigation since 2006

“The Best Lawyers in America^{^®}”, 2014-2021

AV Preeminent^{^®} Peer Review Rating with Martindale-Hubbell

“Florida Super Lawyer” by Super Lawyers magazine, 2007 – 2021

“Florida Legal Elite” by Florida Trend magazine, 2013 and 2014

Litigation/Civil Trial Finalist by Leaders in Law, 2014

Excellence in Writing Award from The Florida Bar, 2004

Articles and Published Works

“Procuring Cause: When is a Broker Wrongfully Excluded from the Deal?” The Advocate – South Palm Beach County Bar Association – Winter 2018

“The Defend Trade Secrets Act of 2016 New Federal Protection for Trade Secret Misappropriation”, The Advocate- South Palm Beach County Bar Association – Fall 2016

“What Employers and Employees in Florida and the Eleventh Circuit Need to Know about Computer Use and Access Under the Computer Fraud and Abuse Act,” The Advocate – South Palm Beach County Bar Association – Winter 2015

“Discovery Concerning Consulting Experts,” The Advocate – South Palm Beach County Bar Association – Winter 2015

“The Legal Edges of Employee Computer Use,” Daily Business Review – February 2015

“Electronic Discovery Basics (Part II): ESI Collection, Analysis and Production," The Advocate – South Palm Beach County Bar Association – Spring 2015

“Clear and Unambiguous Exculpatory Clauses for Recreational Activities,” The Advocate – South Palm Beach County Bar Association – Fall 2015

“Electronic Discovery Basics – Part I Duty to Preserve,” The Advocate – South Palm Beach County Bar Association – Winter 2013/2014

“Ownership of Contacts on LinkedIn,” The Advocate – South Palm Beach County Bar Association – Summer 2014

“Metatags and Keyword Tags in Business and Trademark Litigation,” The Advocate: South Palm Beach County Bar Association – Fall 2013

“Counsel Beware: Considerations Before Implementing Florida’s Civil Theft Statute,” The Florida Bar Journal – March 2003

“Florida Medical Malpractice and the Statute of Limitations,” The Florida Bar Journal – July 2003

Mark R. Osherow

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