Mark S. Furman

Furman-0117-300dpi-200x300Mark is Chair of the Tarlow, Breed, Hart & Rodgers’ Litigation Department. He has over thirty years of experience representing business owners, financial institutions, and families in complex civil litigation.

Mark’s cases have included controversies involving business transactions, disputes between co-owners, employment law, fiduciary and probate disputes, commercial contract claims, director and officer liability, creditors’ rights, construction contracts, environmental matters, professional liability, and insurance and bond claims.

Mark has extensive experience handling trials, arbitrations and mediations. In addition to handling disputes, Mark advises numerous business clients on a wide variety of legal matters. Mark is also a member of the Firm’s Management Committee.

Bar and Court Admissions:

Massachusetts

New Hampshire

United States District Court for the District of Massachusetts

United States Court of Appeals for the First Circuit

Memberships:

Massachusetts Bar Association

New Hampshire Bar Association

Achievements:

Named a Massachusetts Super Lawyer by Boston Magazine, 2004 thru 2012

Phi Beta Kappa Honor Society

Education:

B.A., University of Massachusetts at Amherst, magna cum laude, 1973

J.D., Boston College Law School, cum laude, 1977

Selected Publications and Presentations

“Closely Held Corp.’s Governing Documents Critical in Litigation,” Massachusetts Lawyers
Weekly

“Disputes Among Co-Venturers,” The Real Estate Bar Association for Massachusetts

“Selected Ethical Issues in the Representation of Shareholders in Closely-Held Corporations,” co-author and lecturer, Massachusetts Continuing Legal Education, Litigating Fraud and
Mismanagement Disputes

“Shareholders Disputes in ‘Close’ Corporations,” Massachusetts Lawyers Weekly

Selected Cases:

Trust and Estate Litigation

Represented clients in disputes relating to trust and estate matters, including complaints
for instructions, petitions seeking the allowance of accounts, requests for reformation of trusts, and defending claims brought by beneficiaries

Disputes Among Business Owners, Contractual Disputes and
Director and Officer Liability

Defended majority shareholders in suit claiming breach of fiduciary duty and excessive
compensation

defended majority shareholders in suit alleging wrongful termination of employment

represented co-owner of an LLC in a fraud suit vs. co-owner and manager

represented the majority shareholder in closely-held corporation in suit by minority
shareholder alleging breach of contract and fraud

Defended seller of business in suit by buyer claiming fraud

Represented clients in sale transactions in disputes over earn out provisions

Represented senior officer of public company in class action suit alleging securities fraud

Defended suit against former officer and director of plaintiff corporation who started a
competing business where there were claims of breach of fiduciary duty

Represented developers who were trustees of a condominium trust in a suit claiming
breach of fiduciary duty

Obtained a $12 million judgment against the operator of a landfill

Professional Liability

Defended accounting firm in malpractice claim relating to capitalizing a shareholder loan
to the corporation

Defended a law firm which represented a franchisor, in a suit brought by a franchisee

Employment:

Defended claims brought by a senior executive against a company for breach of contract

Defended discrimination and sexual harassment claims in Court and before the
Massachusetts Commission Against Discrimination

Represented a tenured law professor who had his tenure revoked by a law school

Obtained an injunction, on behalf of a company, enjoining a departing employee from
violating a covenant not to compete

Software Litigation

Defended software company in claims relating to licensing of software

Environmental and Construction Litigation

Represented building owner in a claim against a prior owner of the property, alleging that
the defendant contaminated the plaintiff’s property

Represented construction company in a suit claiming negligent construction

Trademark Litigation

Defended and prosecuted trademark infringement claims

Banking Related Claims

Represented creditors in workouts and litigation

Handled lender liability claims

Litigated Uniform Commercial Code cases

Sued senior bank officer for breach of fiduciary duty

Insurance and Bond Claims

Handled coverage claims

Asserted fidelity bond claims on behalf of banking institutions

Asserted construction bond claim

Handled claim alleging fraud by policy holder in procuring life insurance policy

Handled claim alleging breach of contract and fraud by insurer in connection with the sale
of life insurance

Find us on Facebook

Latest Reviews

Testimonials

Jeffrey Davis has created a fascinating show, giving entrepreneurs new ideas and advise. His show reminds how much fun it is to run my own business.
Adam Korngold, Vice President- New England Car Wash Association