Complex Fraud & Securities Litigation
Director/Officer Litigation & Partnership Disputes
Etan Mark
Partner
Foremost, Etan is a litigation strategist and collaborator, working with clients to advise on what they should and (often) should not do when presented with the unique challenges of a business in litigation, or one facing the prospect of litigation.
Etan has been recognized by Chambers & Partners USA as an "Up-and-Comer" in litigation; described as the "young dynamos" of a practice area. Sources interviewed by Chambers – none of whom is his mother – have praised Etan as "exceptional," "very passionate about the case, always there for us and very responsive. We feel he is always trying to do right by us and he discusses our options very candidly." Many of Etan's cases touch either real estate or allegations of fraud; often both. His representative clients include public and private companies, real estate developers, investors and owners, tech entrepreneurs, gaming operators, family offices, hotels and banks. Etan likes to geek out on legal issues relating to gaming, and he has written and/or spoken extensively on issues concerning cybersecurity, the Racketeer Influenced and Corrupt Organizations Act (RICO), the Foreign Corrupt Practices Act (FCPA) and trends in fraud. The rest of the time, he is listening to history podcasts, smoking brisket or being bossed around by his kids.
Etan began his legal career working as a business and securities litigator at a top 10 American Lawyer "Big Law" firm in New York. Since leaving New York for swampier pastures, Etan became a devotee of the value proposition offered by "Not Big Law" – efficiency, service and quality. Etan worked as a law clerk to a federal district court judge in Miami, where he gained an insider's view on effective advocacy. 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 is currently a partner in Berger Singerman's Miami office.
Representative Matters 
- Representative real estate litigation experience includes:
- Counsel to Miami-based hotel/condominium in connection with $250+ million LLC dispute among owners of the company, triggering significant litigation concerning corporate governance and LLC member rights.
- Counsel to real estate developers in connection with allegations of fraud, breach of fiduciary duty and tortious interference relating to the purchase and potential sale of tracts of land in Broward County.
- Plaintiff's counsel to Lincoln Road art gallery in connection with a multi-million dollar dispute with its landlord and a neighboring tenant.
- Plaintiff's counsel to owner of Hollywood office building in connection with its multi-million dollar lawsuit against its general contractor.
- Counsel to real estate investors in connection with the purchase of debt (and eventual foreclosure) of dozens of parcels in Palm Beach County.
- Counsel to luxury residential real estate owners alleging a breach of contract by a developer.
- Represent borrowers and lenders in a variety of commercial foreclosure matters and litigated substantial lender liability counterclaims on behalf of guarantors and borrowers.
- Counsel to nationally recognized hotel in dispute with vendors.
- Representative gaming experience includes:
- Counsel to Receiver of Miami Jai A'lai through bankruptcy sale and transition out of Chapter 11 on wide range of issues, including leasing contracts, employment issues, labor and union concerns, and receivership responsibilities.
- Represent one of the largest gaming companies in the United States in an array of issues pending in Florida, including litigation stemming from the sale of a related company.
- Represent large northeastern gaming company in connection with significant collection matters in Florida.
- Representative RICO experience includes:
- Defense counsel to individuals and entities accused of extortion, mail fraud and wire fraud relating to public records requests and the filing of allegedly extortionate lawsuits. Order of dismissal, with prejudice, available at Town of Gulf Stream v. O'Boyle, No. 15-80182-CIV, 2015 WL 3970612, at *1 (S.D. Fla. June 30, 2015), aff'd sub nom. Town of Gulf Stream, et al., v. Martin O’Boyle, et al., No. 15-13433, 2016 WL 3401681 (11th Cir. June 21, 2016).
- Defense counsel to international bank accused of assisting former South American head-of-state launder millions of dollars and commit fraud under RICO.
- Defense counsel to former principal of publicly traded real estate investment company accused of participating in RICO enterprise.
- Defense counsel to engineering company accused of violations under the False Claims Act, RICO, the Florida Deceptive and Unfair Trade Practices Act and common law fraud. Order of dismissal, with prejudice, available at: U.S. ex rel. Sanchez v. Abuabara, No. 10-61673-CIV, 2012 WL 1999527 (S.D. Fla. June 4, 2012).
- Defense counsel in case alleging RICO violations, including mail fraud and wire fraud, by a national provider of mortgage and consumer loan processing services, mortgage settlement services, default solutions and loan performance analytics.
- Representative securities litigation experience includes:
- Counsel to bondholders in a series of multi-billion dollar breach of fiduciary duty and securities lawsuits against AT&T, Cox, Comcast and others arising from their role as controlling shareholders in the first company to provide high-speed internet access via cable modem.
- Counsel to investors in private equity funds, REITs, high-yield bonds and other financial vehicles in lawsuits against financial advisors and banks.
- Counsel to defrauded investor in connection with multi-million dollar "pump-and-dump" scheme.
- Etan also has significant experience in the representation of individuals in LLC and corporate shareholder and derivative disputes, including investors, managers and other fiduciaries. He represented the 50% owner of a National Hockey League team involved in a partnership dispute with his 50% co-owner. He is also counsel to the largest shareholder of a national data aggregation company sold for $154 million out of bankruptcy and assisted in defending that shareholder in a series of cases seeking to invalidate in excess of $80 million of shareholder loans to the company. He has also represented a large family office that owns and operates nursing homes and assisted living facilities throughout the United States in a multi-million dollar shareholder derivative lawsuit.
Awards & Honors
- Chambers & Partners USA, America's Leading Business Lawyers, General Commercial Litigation, Up and Coming, 2013-2014
- Daily Business Review, Rising Stars 40 Under 40, 2013
- South Florida Legal Guide, Top Up and Comer, 2016-2017
- Florida's Super Lawyers, Business Litigation, Criminal Defense: White Collar, 2014
- Florida's Super Lawyers, Rising Star, 2009-2016
- Florida Trend, Legal Elite - Top Up and Comer, 2013
- Florida Trend, Legal Elite - Up and Comer, 2016
- Martindale-Hubbell, AV® Preeminent™ rated
- South Florida Business Journal, Top 40 under 40, 2015
Community Activities / Associations
- Board of Trustees, HistoryMiami
- Vice-President, Board of Trustees, Temple Beth Sholom
- Chair, 11th Judicial Circuit Historical Society
- Leadership Miami, 2009 Graduate
- 11th Judicial Circuit Grievance Committee of the Florida Bar (former Chair)
- Member of Miami Beach Bar Association
- Member, New York City Bar Association
Prior Affiliations
- iDiligence, LLC – CEO
- Law Clerk to the Honorable K. Michael Moore, U.S. District Court Judge, Southern District of Florida
- Weil Gotshal & Manges, LLP – Associate (New York)