Mark A. Berthiaume focuses his practice in the representation of clients in white collar criminal matters, government investigations, and complex civil litigation, including the defense of class actions. Mark has represented corporations and individuals in government investigations of securities fraud, antitrust violations, bank fraud, health care fraud, mail and wire fraud, and immigration law violations. Much of his practice also concentrates on international, national and regional corporate clients and their officers and directors in complex civil litigation involving securities, intellectual property, real estate, construction, and telecommunications-related disputes. Mark, a former Assistant U.S. Attorney, is an experienced trial lawyer, practicing in the U.S. Supreme Court, as well as U.S. Courts of Appeals and U.S. District Courts.
Areas of Concentration
· Securities fraud
· Antitrust violations
· Bank fraud
· Health care fraud
· Mail and wire fraud
· Immigration law violations
· Violations of the Foreign Corrupt Practices Act
Professional & Community Involvement
· Member, American Bar Association
· Member, Boston Bar Association
· Member, Massachusetts Bar Association
Awards & Recognition
· Rated, AV Preeminent® 5.0 out of 5
· Secured a jury verdict of $1.1 million, after a two-week trial in the U.S. District Court for the District of Massachusetts, on behalf of a national, publicly traded retailer on claims of breach of non-competition, non-solicitation and confidentiality agreements by a former executive. See Casual Male Retail Group. Inc. et al. v. Robert H. Yarbrough. et al., Civil Action No. 05-CV -12049-NMG.
· Secured the dismissal of a securities fraud class-action complaint brought against the former general counsel of a publicly traded pharmaceutical company in the U.S. District Court for the District of Massachusetts. The dismissal was subsequently affirmed by the U.S. Court of Appeals for the First Circuit. See New Jersey Carpenters Pension v. Biogen Idec Inc., 537 F.3d 35 (1st Cir. 2008).
· Represented a publicly traded power technology company and its then-new CEO in an action brought by the CEO's former employer seeking to enforce a non-competition agreement.
· Conducted an internal investigation for an independent trading technology firm and agency broker after a whistleblower raised various allegations of fraud, including securities and accounting fraud. The conclusions reached through the investigation were subsequently upheld in litigation brought against the company by the whistleblower.
· Represented the former controller of a publicly traded technology company before the Securities & Exchange Commission's enforcement division in connection with a stock option back-dating investigation.
· Secured the dismissal of assault and battery charges brought against a former NHL player, coach, and general manager, now a current high-profile, international television personality, at the probable cause stage.
· Represented defendant in securities fraud class action in the biotech industry.
· Represented senior officer of a public company in defense of criminal securities fraud indictment.
· Represented national retailer in litigation involving misappropriation of trade secrets and breach of non-competition agreements through trial.
· Represented national publicly owned media company in connection with an internal corporate investigation of its business practices.°
· Represented one of the country's largest privately owned corporations in connection with a criminal investigation of alleged price fixing by the Justice Department's Antitrust Division of the U.S. Department of Justice.°
· Represented former Chief Financial Officer of publicly traded company in an SEC investigation of backdating of stock options.
· Represented the audit committee of a publicly traded company in an internal corporate investigation of potential securities law violations for purposes of Sarbanes-Oxley compliance.
· Represented senior executives of a national health care provider that was the target of a Medicare fraud investigation conducted by the U.S. Attorney's Office for the District of Massachusetts.
· Represented one of the country's largest retailers in connection with an internal corporate investigation of potential immigration law violations.°
· Represented company and its Chief Executive Officer in a terrorism-related investigation involving alleged violations of the Patriot Act.
°The above representations were handled by Mr. Berthiaume prior to his joining Greenberg Traurig, LLP.