MARK M. ROTTENBERG
MEMBER
- The Helmsley Building 230 Park Avenue,18th Floor
New York, NY 10169 - T: 212.661.3080
F: 212.867.1914 - mrottenberg@rlrpclaw.com
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- Park 80 West, Plaza One 250 Pehle Avenue, Suite 601,
Saddle Brook, New Jersey 07663 - T: 201.490.2022
“Every business has a make or break moment. My role is to help clients manage and resolve those moments to achieve the best outcome possible to further their goals.”
Mark is a founding and the managing member of Rottenberg Lipman Rich. Trained as a securities and commercial litigator, Mark’s practice has expanded to include business divorce, real estate, employment, construction, and securities litigation, alternative dispute resolution, as well as transactional real estate, corporate and employment matters.
Mark regularly handles business disputes relating to the breakup of closely-held businesses, including law and accounting firms, real estate developments, medical practices, manufacturing businesses, service businesses, and other privately-owned entities. He also has significant experience representing Wall Street professionals and investment/hedge fund executives and managers in transactional as well as arbitration/litigation and disciplinary matters. He often is the lead attorney on fast-moving litigations involving the enforcement of restrictive covenants in employment agreements and intellectual property litigation involving injunctive actions. An experienced mediator, Mark is regularly appointed by the Commercial Division of the Supreme Court of the State of New York to mediate disputes.
Admitted to practice in both New York and New Jersey, Mark splits his time between Rottenberg Lipman Rich’s New York City and New Jersey offices. He graduated from New York University School of Law in 1982, where he served as a member of the Annual Survey of American Law (1980-1981), and published a note entitled “Jurisdiction,” 1981 Annual Survey of American Law, 619-636 (1982). He attended Rutgers College, where he received a B.A., cum laude, in philosophy, in 1979.
For more than 30 years, Mark has been rated AV Preeminent® by Martindale-Hubbell® Peer Review Ratings™. The AV Preeminent rating is not only a significant rating accomplishment; it is a testament to the fact that his professional peers rank him at the highest level of professional excellence. In addition, Mark is consistently selected for inclusion as one of New York’s and New Jersey’s Super Lawyers® in the area of Business Litigation. Mark also has been frequently selected for inclusion as one of “Bergen’s Top Lawyers” in the area of Business, Corporate and Commercial Law by (201) Magazine.
An Adjunct Professor in the Legal Writing/Moot Court Program, at the Benjamin N. Cardozo School of Law, Yeshiva University from 1987-1989, Mark also authored the 1989 Supplement to the Arbitration Chapter, New York Corporate Practice Guide (Matthew Bender, 1989). He was a founding member of the Lawyers’ Alliance for Citimeals-on-Wheels, which raised funds for New York City’s Citimeals-on-Wheels programs and served as its Chairman from1988 through 1990. He is also a member of the Board of the Kaplan JCC on the Palisades and a trustee of Project Bright Future, a charitable organization that raises funds to promote children’s’ health and welfare programs.
On behalf of Rottenberg Lipman Rich clients, Mark has successfully:
- Represented one of two partners in a large, prominent public relations, marketing and advertising firm in the dissolution of their 20-year-old enterprise. Mark then structured the creation and tax-free spin-off of the firm into two separate entities, each run by one of the former partners.
- Represented one of two brothers from a prominent New York real estate family in connection with the buy-out of his interest in the family-controlled real estate portfolio and the settlement of acrimonious inter-family disputes.
- Represented the equity owners of one of New York City’s historic Upper West Side buildings in connection with litigation among the building’s equity owners and managers of a condominium conversion. Mark oversaw the project’s refinance, settlement of claims by the New York Attorney General’s Office regarding alleged violation of the Martin Act regarding condominium conversions, the settlement of multiple construction-related litigations and arbitrations, and the successful conversion to condominium ownership and sale of units in the building.
- Defended and settled several class actions against a South Korean, multinational, electronics company. One action alleged that the company fraudulently misled consumers regarding the functionality of certain company-branded cellular telephones alleging that the company marketed the “Android” phones in question, based on the phones' ability to allow customers to access the “Google Play” virtual retail store, operated by non-party Google, and to download and utilize a variety of applications. Another alleged concealment of a design defect in the company’s branded home theatre system and failure to repair or replace the defective home theater systems within the warranty period.
- Negotiated, executed and administered contracts on behalf of a general contractor to build out several of New York City’s recently opened top restaurants. Separately, Mark also litigated and arbitrated disputes with one of the restaurant owners.
- Represented a hedge fund executive in negotiations to become the Chief Executive Officer and Chief Investment Officer of a large investment management company that offers asset management, investment advisory, and manages several hedge funds.
- Defended and secured the settlement of class action and collective claims against several retail establishments and outsourcing companies brought by former and current employees under the federal Fair Labor Standards Act for the alleged failure to properly account for and pay overtime wages.
- Represented the Chief Executive Officer of a major US bank in connection with his departure and retirement from the institution.
- Represented several law firms, medical practices, accounting firms (or in some cases, their partners) in connection with the breakup of the firms, the departure of professionals, and the formation of new firms.
- Defended a tax preparation firm against malpractice, breach of contract and other claims in federal court by the trustees of a multi-hundred-million-dollar trust arising from allegations that the firm failed properly to classify certain investments as pass-through entities on the trust’s tax returns.
- Defended and settled litigation against the owners of several assisted living facilities against charges that their company “raided” a competing business to steal away its Korean unit patients to establish its own Korean units in its buildings.
- Represented a widow in Surrogate’s Court and New York Supreme Court in litigation with her late husband’s brothers and family regarding disputed ownership of several valuable works of art.
- MEMBERSHIPS
- Kaplan JCC on the Palisades, Board Member
- Project Bright Future, Director
- Lawyers’ Alliance for Citimeals-on-Wheels, Founding Member