Mark R. Osherow

Mark R. Osherow

Attorney Profile

Top Rated Business Litigation Attorney in West Palm Beach, FL

Broad and Cassel
 | One North Clematis Street, Suite 500
West Palm Beach, FL 33401
Phone: 561-832-3300
Selected to Super Lawyers: 2007 - 2016
Licensed Since: 1994
Practice Areas:
  • Business Litigation (80%),
  • Employment Litigation: Defense (10%),
  • Securities Litigation (10%)
Attorney Profile

Mark R. Osherow is Of Counsel in the West Palm Beach office of Broad and Cassel. He is a member of the Firm’s Commercial Litigation, Bankruptcy and Creditors' Rights, Labor and Employment, Real Estate Litigation, Construction Law and Litigation, Appellate and Corporate and Securities Practice Groups.

  • Mr. Osherow is a Florida Bar Board Certified Specialist in Business Litigation with more than 28 years of experience. He has practiced for 22 of those years in both state and federal courts throughout Florida. With significant trial and alternative dispute resolution experience, Mr. Osherow has taken countless depositions and participated in numerous trials, arbitrations and mediations.
  • His 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.
  • Mr. 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, Mr. 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 and a "Florida Legal Elite" by Florida Trend magazine. Most recently, he was recognized in "The Best Lawyers in America®" 2014, 2015 and 2016.
  • Mr. 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, Mr. Osherow most recently appeared on a panel for the Business Litigation CLE Committee of the Palm Beach County Bar Association where he discussed e-discovery for commercial litigators.
  • Mr. 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 currently the Immediate Past-President of the organization.
  • He was recently featured in the Palm Beach County and Fort Lauderdale edition of Attorney at Law magazine.
In November 2004, he 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. Mr. Osherow was appointed to The Florida Bar Board of Legal Specialization & Education after completing his term on The Florida Bar Federal Practice Committee.

Honors and Awards

  • Recognized as a Litigation/Civil Trial Finalist by Leaders in Law, 2014 
  • Achieved AV® Preeminent™ Peer Review Rating with Martindale-Hubbell 
  • Earned Excellence in Writing Award from The Florida Bar, 2004 
  • Selected as a "Florida Super Lawyer" by Super Lawyers magazine, 2007 - 2016 
  • Designated as a "Florida Legal Elite" by Florida Trend magazine, 2013 and 2014 
  • Recognized in "The Best Lawyers in America®", 2014, 2015 and 2016 

Reported Decisions

  • United States Life Insurance Company for the City of New York v. Logus Manufacturing Corp. 845 F.Supp.2d 1303, 2012 WL 600963, 23 Fla. L. Weekly Fed. D146a (S.D. Fla. 2012)
  • Rosy Blue, N.V. v. Lane, 767 F. Supp.2d 860 (S.D. Ohio 2011)
  • Rosy Blue, N.V. v. Chad Davis, et al., 2008 WL 2225655 (M.D Fla. 2008)
  • Ben-Yishay v. Mastercraft Development, LLC, 553 F.Supp.2d 1360 (S.D. Fla. 2008)
  • Rosy Blue, N.V. v. Chad Davis, et al., 2007 WL 1247154 (M.D. Fla. 2007)
  • Mateus v. Buy Owner, et al., 16 Fla. L. Weekly Supp. 539a (Cir. Ct. Palm Beach Co. 2007)
  • Mateus v. Buy Owner, Inc., et al., 16 Fla. L. Weekly Supp. 540a (Cir. Ct. Palm Beach Co. 2008)
  • Goldman v. Bernstein, 906 So.2d 1240, 30 Fla. L. Weekly D1806 (Fla. 4th DCA 2005)
  • Homebanc Mortgage Corporation v. Julius Pappas, 12 Fla. L. Weekly Supp. 851a (Cir. Ct. Broward Co. 2005)
  • Stoffer v. Hernandez, 736 So.2d 151, 24 Fla. L. Weekly D1593 (Fla. 3d DCA 1999)
  • Alaska Bulk Carrier v. Goodall Rubber Company, et al., 1990 WL 82361 (D.Del. 1990)
  • Akhtar v. Gulliver Academy and Ogden Maintenance Corp., 708 So.2d 686 (Fla. 3d DCA 1998)

Publications

  • 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

Accreditations and Certifications:

Qualified Arbitrator
The Florida Bar
Board Certified Specialist in Business Litigation
The Florida Bar
Certified Circuit Civil Mediator
Florida Supreme Court

Bar Membership:

Connecticut, 1988
New York, 1989
New Jersey, 1990
Florida, 1994

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
Member
SPBCBA
Immediate Past-President
Palm Beach County Judicial Information Systems Policy Board
Member
The Florida Bar Board of Legal Specialization & Education
Member

 

 

 

White Papers

  • Florida Medical Malpractice and the Stature of Limitations (2003) - Discussion of statute of limitations issues in Florida medical malpractice litigation.

  • Counsel Beware: Considerations Before Implementing Florida's Civil Theft Statute (2003) - Discussion of Inplementation and pitfalls of the Florda Civil Theft Statute.

  • Certificates and Credentials

    Florida Bar Board Certified

    About Mark Osherow

    Admitted 1994, Florida

    Professional Webpage: http://www.broadandcassel.com/attorneybio.aspx?ID=15406

    Honors and Awards:

    • Excellence in Writing Award for 2003, The Florida Bar, 2004

    Special Licenses/Certifications:

    • Florida Supreme Court Certified Circuit Civil Mediator, 2006
    • Florida Bar Board Certified Business Litigation, 2006
    • Qualified Arbitrator

    Bar/Professional Activity:

    • Immmediate Past President, South Palm Beach Couty Bar Association, 2016
    • Member, Judicial Information Systems Policy Board, Palm Beach County., 2008

    Other Outstanding Achievements:

    • Chair, Business Litigation Certification Committee, The Florida Bar, 2012
    • Vice Chair, Business Litigation Certification Committee, The Florida Bar, 2011
    • The Florida Bar, Chair, Grievance Committee 15 "G", 2009

    Educational Background:

    • Univerrsity of Pennsylvania, B.A., 1985
    Office Location for Mark R. Osherow

    One North Clematis Street
    Suite 500
    West Palm Beach, FL 33401

     

    Mark R. Osherow:

    Last Updated: 7/4/2016

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