Mark T. Berhow
About Mark
Mark represents employers nationwide in complex disputes, including collective, class, and hybrid actions under the Fair Labor Standards Act (FLSA), state wage and hours laws, Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and state human rights acts. With two decades of experience, he also defends officers, directors, and corporations in commercial and shareholder disputes, including class-based claims.
Mark stives to provide clients with creative, practical solutions that align with their best interests and business goals. He advises senior executives, business owners, physicians, lenders, and both for-profit and nonprofit corporations in complex litigation involving covenants not to compete, severance agreements, trade secrets, professional and construction liability, and breach of fiduciary duty claims.
His experience also extends to construction law, employment law, insurance coverage, and products liability litigation.
Mark serves on Hinshaw’s Executive Committee.
Areas of Focus
Industries:
Experience
- Defended officers and directors in a $200 million breach of fiduciary duty claim, resulting in a dismissal.
- Obtained a $10 million summary judgment award for a commercial lender in a complex breach of guaranty action involving significant counterclaims.
- Defended numerous matters before the Minnesota Department of Human Rights, obtaining no probable cause determinations and successful predetermination resolutions.
- Defended and resolved a variety of Equal Employment Opportunity Commission claims against employers both prior to and during conciliation process.
- Obtained a dismissal on behalf of an insurer in the federal district of Minnesota on the basis of forum non conveniens.
Recognition
- Minnesota Super Lawyers, Rising Star, 2009 – 2015
- University of Minnesota Law School, Dean's List; Journal of Law and Inequality, Writer
Credentials
Education
- University of Minnesota Law School, JD, cum laude, 2001
- University of Minnesota, BA, summa cum laude, 1998
Bar Admissions
- Minnesota
Court Admissions
- US Supreme Court
- US Court of Appeals for the Eighth Circuit
- US District Court for the District of Colorado
- US District Court for the Eastern District of Michigan
- US District Court for the District of Minnesota
- US District Court for the District of North Dakota
- US District Court for the Eastern District of Wisconsin
Thought Leadership
Interests
Community/Civic Activities
- Summit Hill Association, Vice President; Board of Directors; Zoning and Land Use Committee, Chair
Thought Leadership
Mark's Insights
Employment Law Observer
Nov 14, 2019
Employment Law Observer
Jun 26, 2017
Minneapolis and St. Paul Sick and Safe Time Ordinances Set to Take Effect July 1st
Employment Law Observer
Nov 14, 2019
Employment Law Observer
Jun 26, 2017
Minneapolis and St. Paul Sick and Safe Time Ordinances Set to Take Effect July 1st
