Mark A Berman

January 12, 2022 | New Jersey Law Journal

What has become of us when courts are closed but the malls are open? One hopes that a judicial epiphany with respect to the importance of this fundamental constitutional right of criminal defendants, even in the face of COVID-19, will come sooner rather than later.

By Mark A. Berman

8 minute read

January 03, 2022 | New York Law Journal

In his Virtual Lawyering column, Mark Berman discusses a new rule that became effective Dec. 15, 2021 for Commercial Division cases which specifically provides for taking remote depositions upon consent or by motion upon a showing of "good cause."

By Mark A. Berman

6 minute read

November 01, 2021 | New York Law Journal

Decisions to store information in the "cloud," whether made intentionally or by default, and to use Dropbox to often send voluminous amounts of information, need to be carefully thought out.

By Mark A. Berman

5 minute read

September 03, 2021 | New York Law Journal

Can an arbitrator order a virtual arbitration to take place over a party's objection, whether it is for the best or worst of reasons? The answer lies in the rules of the governing arbitration forum. Mark A. Berman explores the issue in this edition of his Virtual Lawyering column.

By Mark A. Berman

7 minute read

July 02, 2021 | New York Law Journal

In this edition of his Virtual Lawyering column, Mark A. Berman lists recent decisions that ordered virtual proceedings over much resistance and seek to address through technology the multitude of objections lawyers have asserted to holding a virtual trial.

By Mark A. Berman

8 minute read

May 03, 2021 | New York Law Journal

In this edition of his Virtual Lawyering column, Mark A. Berman summarizes some of the practices and procedures set out in "Virtual Bench Trial Protocols and Procedures" that counsel should be mindful of and which can be adapted to multiple types of virtual appearances.

By Mark A. Berman

7 minute read

March 01, 2021 | New York Law Journal

In his Virtual Lawyering column, Mark A. Berman, who co-chairs a Technology Working Group, reports on findings from the group's survey of New York's judges, court attorneys and judicial staff, which inquired about their use of technology in performing their work remotely.

By Mark A. Berman

5 minute read

February 24, 2021 | New York Law Journal

'Evolving eWorld' is a book that should circulate around every law firm, as each chapter will resonate with a different lawyer and educate him or her on new areas of digital practice they should have known about.

By Mark A. Berman

6 minute read

January 04, 2021 | New York Law Journal

In his Virtual Lawyering column, Mark A. Berman addresses the issue of conducting an in-person versus a virtual bench trial while serious health concerns due to the pandemic remain present and before our population has been vaccinated.

By Mark A. Berman

5 minute read

November 04, 2020 | New York Law Journal

Technology will lead the legal profession and the New York State Bar Association seeks to ensure that law students and young lawyers meet that challenge.

By Mark A. Berman

4 minute read