Contact Information:

561.832.3300
561.655.1109
mosherow@broadandcassel.com

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Focus Areas:

Commercial Litigation
Computer and Technology Law
Securities Litigation
Intellectual Property
Alternative Dispute Resolution

Practice Areas:

Bankruptcy and Creditors' Rights
Commercial Litigation
Construction Law and Litigation
Consumer Financial Services
Corporate and Securities
Labor and Employment
Real Estate Litigation
Appellate

Accreditations and Certifications:

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

Industries Served:

Construction
Real Estate
Financial Institutions
Insurance

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
Palm Beach County Judicial Information Systems Policy Board
Member

Mark R. Osherow Esq.

Of Counsel
West Palm Beach   

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, Consumer Financial Services and Corporate and Securities Practice Groups.

  • Mr. Osherow is a Florida Bar Board Certified Specialist in Business Litigation with nearly 30 years of experience. He has practiced for the majority 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. He serves as a legal advisor for his clients as they assess their business risks across a large segment of industry and service providers.
  • 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®" 2014-2017.
  • 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. He also previously served as a board member for Junior Achievement. 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

  • Included in the "Top 100 Miami Area Super Lawyers" by Super Lawyers magazine, 2017  
  • 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 - 2017 
  • Designated as a "Florida Legal Elite" by Florida Trend magazine, 2013 and 2014 
  • Recognized in "The Best Lawyers in America®", 2014-2017 

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

  • 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

Press Releases

Date

Press Release

6/20/2017

38 Broad and Cassel Attorneys Named Florida Super Lawyers, Nine Honored as Rising Stars

12/21/2016

Palm Beach Attorney Mark Osherow Achieves Business Litigation Recertification

9/13/2016

Palm Beach Attorney Mark Osherow Named to JA Board

8/16/2016

45 Broad and Cassel Attorneys Named 2017 Best Lawyers® in America, Four Selected as Lawyers of the Year