Mark Osherow | Boca Raton Business Lawyer

Lawyer.com Member Questionnaire

How did you build a successful practice?
Throughout my early career, I was involved in class action litigation, complex litigation for major clients and product liability cases. I was fortunate to be involved in complex cases and, through that experience, to develop expertise in a variety of areas,” he says. Osherow learned early on that success as a litigator requires a very high level of commitment and tenacity. After 2006, my practice focused almost exclusively on business litigation and related areas such as real estate, construction and employment litigation.

Osherow believes in leading by example, a philosophy he developed and has carried out through his over 30 years of practice. Osherow says he works to be a good listener. That skill, combined with his experience as a board-certified business litigator, allows him to respond quickly and effectively to client needs in diverse areas of the law. He believes in The Florida Bar board certification process. He says he is proud of his certification as a board-certified business litigation specialist, and frequently encourages his colleagues to apply.

“I believe in team effort and in leading in a way that makes other people want to perform for you as a team. My philosophy has come down to this – the way I define a problem is whether somebody is going to remember in a day, a week, a month, six months, a year or five years from now. If they are not going to remember it in the long term, it is really not a problem; it is just a bump in the road. And 99.9 percent of things fall into that category, although at that moment they may seem like major issues. We work in a high pressure, stressful profession and it’s important that people know someone has his or her back,” he says.

“I’d say the biggest challenge is getting a case to the point that the client fully realizes how cases are resolved. It is basically strategy. Most cases can ultimately be resolved. Finding those solutions that get the participants to a point where they are ready to resolve the case is for me one of the most interesting aspects of practicing law,” Osherow says.

He helps clients to see that sometimes they are motivated more by hostility, anger, frustration or something else that interferes with their ability to focus on the practical business aspects of their situation. One of his primary goals is to motivate those clients to see their situation from a practical perspective rather than an emotional perspective, to see the situation as it really is – a purely business transaction.

“Sometimes clients don’t think as rationally as they believe they are and sometimes when they think rationally they don’t necessarily weigh all the different aspects of the case. It is very important to help clients see the various motivations and causes that are influencing them to make a decision. Once we have done that analysis and we have gone through all of the specifics, then they can decide whether or not litigation is called for,” he says.

Osherow sometimes faces a client who initially only wants to litigate, someone who doesn’t want or doesn’t realize that one of the key aspects of a case is an attorney’s ability to resolve or at least attempt to resolve the case before the client gets involved in expensive, time-consuming and often emotionally-draining litigation. He says it is crucial for a lawyer to help a client assess his or her willingness to take a case through the litigation process and trial. The client must also feel comfortable that their law firm is providing advice that is in their best interests, whether they go the distance through trial or seek alternative dispute resolution.

“I always want our clients to understand the costs and risks of the decisions they’re making. For me, that is critical. I’m always advising clients about the next step, about what they need to know, what we should be doing, and advising them constantly on pre-litigation, litigation, settlement and trial issues,” he says.

Osherow says that whether cases are rewarding or difficult, an attorney has to have an even keel as a litigator. He upholds a philosophy of trust when it comes to his clients’ interests. “My father taught me to never give up and my first boss taught me how to think like a lawyer, to be precise, and to be articulate in my writing. From those mentors and others, I have come to believe strongly in creating an environment where people can do their best.”

What should clients look for in a lawyer?
Do not rely on what is on a lawyer’s website alone. Speak to the lawyer and make sure your questions are fully answered and there is no run around or diversion in providing direct answers. That does not mean that every question is subject to an easy answer however. Make sure the lawyer has the competence to proceed with your case or its defense.

Many inexperienced lawyers claim to be experts in matters that are really outside of their experience level or abilities. Many lawyers do not have the extensive training and experience to handle complex litigation but represent to the public that they have this experience. But they can be cost effective by charging lower rates. Sometimes you get what you pay for so be careful in selecting a lawyer who can at a minimum learn the issues and competently address your situation.

Look for a lawyer who will represent you or your company vigorously and professionally and will take the time to learn all the critical issues involved in your particular matter. Check for prior cases handled by the lawyer and the actual experience the lawyer has in similar or related types of cases, recognizing that each case may well present distinct issues. Find out when the lawyer was admitted to the Bar and if they are Board Certified as a specialist in their particular area of practice, which can also help select a lawyer with the competency to handle a matter within their specialty.

How important is local knowledge to the success of your cases?
It is important to know the lawyers on the other side and the court rules and the reputations and differences in the way judges handle cases before them. This helps provide each client with valuable insight on how the case may progress in court. Where a case is in arbitration, where possible, it is critical to know the reputation of the arbitrators who may be chosen to hear the case.

• Broward County Bar Association | Member | Bench Bar Conference Committee | 2010 - Present
  Florida Bar | Member of Business Litigation Certification Committee | 2008 - Present
  Federal Bar Association | Member | 2008 - Present
  South Palm Beach County Bar Association | Director | 2006 - Present
  Palm Beach County Justice Association | Member | 2004 - Present
  Florida Justice Association | Member | 1996 - Present
  15th Judicial Circuit | Pro Bono Committee
  Former Member | Junior Achievement Board of Directors
  Palm Beach County | Judicial Information Systems Policy Board Member
  Co-Chair | South Palm Beach County Bar Association | Professionalism Committee | 2017-2018

• “The Best Lawyers in America®” | 2014-2019
  AV Preeminent® Peer Review Rating with Martindale-Hubbell
  “Florida Super Lawyer” by Super Lawyers magazine | 2007 – 2019
  “Florida Legal Elite” by Florida Trend magazine | 2013 and 2014
  Litigation/Civil Trial Finalist by Leaders in Law | 2014
  Excellence in Writing Award from The Florida Bar | 2004

• Notable Cases
  In one recent case, a rogue business partner essentially hijacked all of the electronic information upon which our client’s business was able to function. This included all of the passwords, access to websites and marketing platforms and the business domain and all of its email addresses. After an extensive hearing over 7 days Osherow, PLLC was able to demonstrate to the court that these materials were owned by the business and not the former partner (who claimed they were owned by a preexisting overseas company he had created) and obtain an injunction preventing the former partner from using the corporate information and ordering the domain service provider to return the intellectual property to the business so that the business could continue to function. The ruling was affirmed on appeal. The firm has also recently been successful in handling two highly contested jury trials, that resulted in verdicts in favor of the firm’s clients. One case involved an eight-day jury trial of claims asserting over $30 Million Dollars in alleged damages, which was rejected by the jury entirely. The other case, after a four-day trial resulted in a verdict for our client on his claims for damages. We were also recently awarded summary judgment, dismissing a federal court case, in which the plaintiff investor claimed over three million dollars in damages by asserting the firm’s client was responsible for damages allegedly caused by third parties, solely based on receiving and transferring closing funds out of state for an out-of-state real estate transaction at the request of the purchaser.

• “Procuring Cause: When is a Broker Wrongfully Excluded from the Deal?” The Advocate – South Palm Beach County Bar Association – Winter 2018
  “The Defend Trade Secrets Act of 2016 New Federal Protection for Trade Secret Misappropriation”, The Advocate- South Palm Beach County Bar Association – Fall 2016
  “What Employers and Employees in Florida and the Eleventh Circuit Need to Know about Computer Use and Access Under the Computer Fraud and Abuse Act,” The Advocate – South Palm Beach County Bar Association – Winter 2015
  “Discovery Concerning Consulting Experts,” The Advocate – South Palm Beach County Bar Association – Winter 2015
  “The Legal Edges of Employee Computer Use,” Daily Business Review – February 2015
  “Electronic Discovery Basics (Part II): ESI Collection, Analysis and Production," The Advocate – South Palm Beach County Bar Association – Spring 2015
  “Clear and Unambiguous Exculpatory Clauses for Recreational Activities,” The Advocate – South Palm Beach County Bar Association – Fall 2015
  “Electronic Discovery Basics – Part I Duty to Preserve,” The Advocate – South Palm Beach County Bar Association – Winter 2013/2014
  “Ownership of Contacts on LinkedIn,” The Advocate – South Palm Beach County Bar Association – Summer 2014
  “Metatags and Keyword Tags in Business and Trademark Litigation,” The Advocate: South Palm Beach County Bar Association – Fall 2013
  “Counsel Beware: Considerations Before Implementing Florida’s Civil Theft Statute,” The Florida Bar Journal – March 2003
   “Florida Medical Malpractice and the Statute of Limitations,” The Florida Bar Journal – July 2003

Mark R. Osherow has been a Premium Member since August 26, 2020.
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