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Etan Mark focuses his practice on business litigation and, as a Certified Fraud Examiner, has a particular passion for the analysis and dissection of claims of fraud.  Etan is a former federal law clerk and splits his practice in state and federal court.  He has litigated and resolved cases brought under the Racketeering Influenced and Corrupt Organizations Act (RICO), has extensive real estate litigation experience, assisted in the management of internal corporate investigations, and represented clients facing allegations of insurance fraud and mortgage fraud.  Etan has also litigated a number of “bet the company” disputes, representing clients in corporate governance and fiduciary duty matters.  

Prior to joining Berger Singerman, Etan worked as a law clerk to a federal district court judge in Miami, where he gained an insider’s view on effective advocacy.  Etan also previously worked as a business and securities litigator at a top New York law firm.  Following his clerkship, Etan owned and was the CEO of a company that leveraged the global marketplace by outsourcing certain legal services to top attorneys and other legal service providers in India.  Etan’s practice is balanced between federal and state litigation matters.  

Representative Experience

  • Defense counsel to international bank accused of assisting former South American head-of-state launder millions of dollars and commit fraud under RICO. 
  • Counsel to 50% owner of National Hockey League team involved in a partnership dispute with 50% co-owner.
  • Counsel to engineering firm accused of violating the False Claims Act and RICO in federal and state court.
  • Represent borrowers and lenders in a variety of commercial foreclosure matters and litigated substantial lender liability counterclaims on behalf of guarantors and borrowers.
  • Plaintiff’s counsel to tenant in a prestigious Miami Beach commercial  location in connection with a dispute with its landlord and a neighboring tenant. 
  • Plaintiff’s counsel to airplane leasing company in lawsuit against allegedly negligent maintenance provider.
  • Defense counsel to owner of social media website accused of defamation.
  • Counsel to insurance agents and beneficiaries accused of procuring life insurance without an insurable interest.

Professional & Community Involvement

  • 11th Judicial Circuit Grievance Committee of the Florida Bar
  • Board of Trustees, HistoryMiami
  • Board of Trustees, Temple Beth Sholom
  • Member, American Bar Association
  • Member, 11th Judicial Circuit Historical Society Board
  • Member, New York City Bar Association
  • Leadership Miami, 2009 graduate
  • Active participant in Put Something Back
  • Member of the Professionalism Committee of the Young Lawyer’s Section of the Dade County Bar Association
  • Member of Miami Beach Bar Association

Awards & Recognition

  • Certified Fraud Examiner
  • South Florida Legal Guide, "Top Up and Comer" (2012)
  • Florida's Super Lawyers, "Rising Star" (2009-2011)

Articles and Presentations

Articles

  • "Qué RICO? Discarding the Fallacy that Florida RICO and Federal RICO Are Identical," The Florida Bar Journal, January 2012
  • "Does Defense from Federal RICO Apply to 'Little RICO' Statutes?," National Law Journal, November 2011
  • "Compliance with Foreign Corrupt Practices Act, A Must for Companies," Daily Business Review, March 2011
  • "Inadvertent Document Production and the Threat of Attorney Disqualification," The Florida Bar Journal, November 2009

Presentations

  • "Best Practices in Working with Forensic Accountants, Fraud Investigators and IT Specialists," Joint Association of Certified Fraud Examiner and Institute of Internal Auditors' 2012 Fraud Conference, March 2012
  • "E-Discovery in Fraud Investigations," Joint Association of Certified Fraud Examiner and Institute of Internal Auditors 2011 Fraud Conference, March 2011
  • "Inadvertent Document Productions and the Threat of Attorney Disqualification," Construction Law Institute, April 2011

Prior Affiliations

  • Law Clerk to the Honorable K. Michael Moore, U.S. District Court Judge, Southern District of Florida
  • Weil Gotshal & Manges, LLP – Associate (New York)
  • iDiligence, LLC – CEO