Free Consultation: (561) 257-0880Tap to Call This Lawyer
Mark R. Osherow

Mark R. Osherow

Together we can meet the challenge. Lawyers and Advisors.
  • Business Law, Real Estate Law, Construction Law ...
  • Connecticut, Florida, New Jersey, New York
Badges
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
Biography

Mark R. 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, Osherow has taken countless depositions ans served as first-chair 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.

Mr. Osherow was recently selected by his peers for inclusion in The Best Lawyers in America for 2018 in the field of Business Litigation. This is the fifth year in a row that Mr. Osherow has achieved this recognition. Mr. Osherow has also been included in the listing of the 2017 Top 100 Miami Area Super Lawyers.

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. 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.

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.

Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Construction Law
    Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
    Employment Law
    Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
    Intellectual Property
    Arbitration & Mediation
    Business Arbitration, Consumer Arbitration, Family Arbitration
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Consumer Law
    Class Action, Lemon Law
    Securities Law
    Stockbroker & Investment Fraud
    Insurance Claims
    Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
Additional Practice Areas
  • Business Litigation
  • Commercial Litigation
  • EDiscovery
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    Selected matters only; partial contingencies available in selected matters.
  • Rates, Retainers and Additional Information
    Available upon request.
Jurisdictions Admitted to Practice
Connecticut
Placeholder image for jurisdictions.
Florida
Placeholder image for jurisdictions.
New Jersey
Placeholder image for jurisdictions.
New York
Placeholder image for jurisdictions.
11th Circuit
Placeholder image for jurisdictions.
Languages
  • English
Professional Experience
Managing Member/Partner
Osherow, PLLC
- Current
Of Counsel
Broad and Cassell
-
Partner
Katz Barron
-
Education
Yeshiva University
J.D. (1988) | Law
-
Yeshiva University Logo
University of Pennsylvania
B.A. (1985) | Liberal Arts
-
University of Pennsylvania Logo
Awards
Top 5% of Florida Lawyers
Super Lawyers
Top 5% of Florida Lawyers
Super Lawyers
Top 5% of Florida Lawyers
Super Lawyers
Top 5% of Florida Lawyers
Super Lawyers
Top Up and Comer
South Florida Legal Guide
Excellence in Writing Award 2003
The Florida Bar
Professional Associations
Broward County Bar Assocaition
Member, Bench Bar Conference Committee
- Current
Placeholder image for professional associations.
The Florida Bar
Member, Business Litigation Certification Committee
- Current
Placeholder image for professional associations.
South Palm Beach County Bar Association
Director
- Current
Placeholder image for professional associations.
New York State Bar  # 2257525
Member
- Current
Placeholder image for professional associations.
Publications
Articles & Publications
Florida Medical Malpractice and the Statute of Limitations
The Florida Bar Journal
Counsel Beware: Considerations Before Implementing Florida’s Civil Theft Statute
The Florida Bar Journa;
Speaking Engagements
Recent Amendments to the Summary Judgment and Directed Verdict Standard in Florida Sea Change or Minor Dent?, Zoom
South Palm Beach County Bar Association
In a late December 2021 ruling, the Florida Supreme Court adopted the federal summary judgment standard (subject to a proper rule amendment). The Florida Supreme Court, on its own motion, amended Florida Rule of Civil Procedure 1.510(c) effective May 1, 2021, expressly adopting the summary judgment standard articulated by the U.S. Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986). In re Amendments to Fla. Rule of Civ. Procedure 1.510., 2020 Fla. LEXIS 2148 (Fla. Dec. 31, 2020).
Certifications
Florida Bar Board Certified Specialist in Business Litigation
The Florida Bar
Board Certified Specialist in Business Litigation
The Florida Bar
Legal Answers
4 Questions Answered
Q. Is it possible to create only one original contract copy by executing in counterpart?
A: Interesting question. If the contract says it can be executed in counterparts it can be signed on separate documents. Probably would be valid if executed like that even without specifically so stating. Technically, each of the signed originals in full when placed together would be the original. If the separate pages are initialed then they should be included. Frequently, one of the parties adds all the signature pages and creates a separate original draft containing all of the signatures and then circulates that as the final executed draft. If there is any doubt, include all of the pages from each signed original.
Q. If suing a LLC business, and the principal address and mailing address are different, which address should be served?
A: Florida Statutes 48.062, Service on a limited liability company. states: (1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process pursuant to this subsection may serve the process on any employee of the registered agent during the first attempt at service even if the registered agent is a natural person and is temporarily absent from his or her office. (2) If service cannot be made on a registered agent of the limited liability company because of failure to comply with chapter 605 or because the limited liability company does not have a registered agent, or if its registered agent cannot with reasonable diligence be served, process against the limited liability company, domestic or foreign, may be served: (a) On a member of a member-managed limited liability company; (b) On a manager of a manager-managed limited liability company; or (c) If a member or manager is not available during regular business hours to accept service on behalf of the limited liability company, he, she, or it may designate an employee of the limited liability company to accept such service. After one attempt to serve a member, manager, or designated employee has been made, process may be served on the person in charge of the limited liability company during regular business hours. (3) If, after reasonable diligence, service of process cannot be completed under subsection (1) or subsection (2), service of process may be effected by service upon the Secretary of State as agent of the limited liability company as provided for in s. 48.181. (4) If the address for the registered agent, member, or manager is a residence, a private mailbox, a virtual office, or an executive office or mini suite, service on the domestic or foreign limited liability company may be made by serving the registered agent, member, or manager in accordance with s. 48.031. (5) This section does not apply to service of process on insurance companies. History.—s. 3, ch. 2013-180; s. 13, ch. 2015-148; s. 5, ch. 2019-67. So service is not dependent on the address, but service on the registered agent, employee, agent or member or manager under the statute above. If that cannot be accomplished the statute provides for service through the Secretary of State.
Q. Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
A: This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was required to disclose but did not do so or were those conditions open and obvious when you agreed to the purchase? You should confer with your broker and competent counsel for additional information applicable to your individualized situation. Either there is a contract or not. A showing has nothing to do with the contract. If there is no contract, unless the is some other agreement, there would appear to be no basis for a refund on your mortgage application. Unless you are talking about a refund on a deposit to the seller, which is a different issue. If you made a deposit on the home, there could be a basis for a refund but the facts stated are insufficient to evaluate. As you can see, this will depend on the situation you are dealing with whatever that might be.
View More Answers
Contact & Map
Osherow PLLC
2101 N.W. Corporate Blvd.
Suite 410
Boca Raton, FL 33431
Toll-Free: (561) 257-0880
Cell: (561) 789-1177
Monday: 9 AM - 6 PM
Tuesday: 9 AM - 6 PM
Wednesday: 9 AM - 6 PM
Thursday: 9 AM - 6 PM
Friday: 9 AM - 6 PM
Saturday: Closed
Sunday: Closed (Today)
Notice: We can be reached at info@osherowpllc.com or by leaving a message at 561.257.0880, should we not be immediately available.