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Mark S. Furman

Furman-0117-300dpi-200x300Mark is Chair of the firm’s 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:
New Hampshire
United States District Court for the District of Massachusetts
United States Court of Appeals for the First Circuit
Massachusetts Bar Association
New Hampshire Bar Association
Named a Massachusetts Super Lawyer by Boston Magazine, 2004 thru 2012
Phi Beta Kappa Honor Society
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
“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
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
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

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