Nathan M. Berman. Partner. Nathan M. Berman maintains a broad litigation practice, representing clients in Florida and throughout the country.
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1 Nathan M. Berman Partner Nathan M. Berman maintains a broad litigation practice, representing clients in Florida and throughout the country. Nate represents individuals and institutions in civil disputes, white collar crime, government investigations, securities law, health care fraud, environmental violations, maritime law, and professional malpractice. In his civil litigation practice, Nate represents corporations, special committees, current and former officers and directors, and other individuals in a variety of matters concerning commercial disputes, consumer litigation, non-compete agreements, securities, the False Claims Act, environmental litigation, professional malpractice, personal injury, wrongful death and maritime matters. Nate also has an active criminal defense practice. He represents corporations, executives, current and former employees, health care professionals and other individuals facing federal and state investigations and prosecutions in a wide variety of areas, including health care and other fraud, FCPA, securities violations, tax matters, deceptive and unfair trade practices, narcotics, and environmental crimes. Nate also represents individuals in related forfeiture matters. Prior to joining the firm, Nate served as clerk to the Hon. James S. Moody Jr. of the U.S. District Court for the Middle District of Florida. He also served as clerk to the Hon. Cynthia G. Angelos of the Nineteenth Judicial Circuit of Florida. While earning his law degree, Nate served as a legal intern in the U.S. Attorney s Office for the Western District of Texas and the U.S. Attorney s Office in Washington, DC. Professional leadership Member, Federal Bar Association (Mentoring Committee, 2011 present) Member, Hillsborough County Bar Association (Criminal Law Section) Member, National Association of Criminal Defense Lawyers (NACDL) Member, Florida Bar Grievance Committee for the Thirteenth Judicial Circuit (Vice Chair, 2009) Member, American Bar Association (Criminal Justice, Litigation and Tort, Trial and Insurance Sections) Criminal Law Section Representative, Thirteenth Judicial Tampa ( ) nberman@zuckerman.com Practice focus Business Litigation False Claims Act (FCA) Foreign Corrupt Practices Act (FCPA) Health Care Investigations Securities and Commodities Litigation Education Georgetown University Law Center, J.D., cum laude, 2000 Book Awards in Criminal Law, Evidence, Law and Social Science Dean's List University of Kansas, B.G.S., 1997 Dean's Honor Roll Golden Key Alpha Kappa Delta Nathan M. Berman 1
2 Circuit Pro Bono Committee Recognitions The Best Lawyers in America, Commercial Litigation, White-Collar Criminal Defense Super Lawyers (Florida) Florida Trend's Florida Legal Elite Bar admissions Florida Court admissions U.S. Supreme Court U.S. Court of Appeals, Eleventh Circuit U.S. District Court, Northern District of Florida U.S. District Court, Middle District of Florida U.S. District Court, Southern District of Florida U.S. District Court, Northern District of New York Representative matters Represents a major legal publisher in an investigation being conducted by the Florida Attorney General into allegations of deceptive and unfair trade practices involving negative option plans. Represents the former owner of a chemical processing plant in a mass tort lawsuit pending in Florida state court brought by individuals alleging personal injuries and property damages that allegedly resulted from pollution emanating from the plant. Represents a former vice president of a major health care company in a qui tam action involving alleged violations of the False Claims Act pending in U.S. District Court for the Southern District of Florida. Represented several individuals in a U.S. Department of Justice (DOJ) investigation into alleged campaign finance violations. Represents a couple sued for wrongful death in the U.S. District Court for the Middle District of Florida. The action arose out of the suicide of a young man suffering from mental illness. We obtained a summary judgment in favor of the couple, which was affirmed on appeal by the U.S. Court of Appeals for the Eleventh Circuit. The firm currently represents a Florida-based government defense contractor in a False Claims Act suit in which a whistleblower is claiming more than a billion dollars in damages on behalf of the United States. Represented a Texas-based provider of payroll services Nathan M. Berman 2
3 and temporary labor in an action to enforce a noncompete agreement. We obtained a stipulated settlement following our filing of a motion for a preliminary injunction. Represented a foreign petroleum exploration company in a motion to quash a subpoena in Florida. The subpoena, which sought extensive corporate records, arose out of a family law action involving one of its board members. The case settled after limited jurisdictional discovery. Represented an individual charged with mortgage fraud in the U.S. District Court for the Middle District of Florida and the U.S. District Court for the Southern District of Ohio. We secured a plea agreement permitting the consolidation of the cases for a single sentencing. Represented individuals in an action to recover losses resulting from an investment fraud. Defended a former CFO of a health care company in U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) investigations into illegal option backdating. Represented the former owner of a product testing company being investigated by the U.S. Department of Justice (DOJ). The owner was alleged to have falsified cigarette lighter tests and was being investigated by the Consumer Product Safety Commission. Represented a senior executive of a publicly traded company in U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) investigations into Foreign Corrupt Practices Act (FCPA) violations. We made a presentation to the DOJ Fraud Section on behalf of our client who was not charged. Represented a pharmaceutical company in a U.S. Department of Justice (DOJ) investigation into illegal compounding of medication. The investigation concluded without further action following our response to a subpoena. Represented a corporation charged with violations of the Lacey Act in the Southern District of Florida. The case involved the importation of certain animal items aboard a corporate yacht. We secured a corporate plea agreement that resulted in no charges being brought against the individual. Represented an online auction company in an action pending in federal court in Florida and California arising out of alleged deceptive and unfair trade practices. Represented a French manufacturer of animal products in a commercial dispute in the U.S. District Court for the Middle District of Florida. We obtained an adverse inference for spoliation of evidence, and the case settled prior to trial. Defended a health insurer against a lawsuit alleging failure to provide pharmaceutical coverage in Florida state court. We obtained a final judgment in favor of the Nathan M. Berman 3
4 insurer following a non-jury trial. Represented a health care company in an action alleging violations of the Fair Debt Collection Practices Act (FDCPA) in Florida state court. The case settled. Represented a tour provider in wrongful death actions arising from the capsizing of a sightseeing cruise boat in New York. We obtained a ruling preventing the allegedly liable vessel from obtaining a limitation of liability. The case was later resolved at mediation. Represented a publicly traded health care company in bid disputes in Florida and Kentucky. The company at various times was either attempting to challenge a bid award to a competitor or uphold a bid award against a challenge by a competitor. Defended a Kentucky lawyer against charges of breach of fiduciary duty and legal malpractice filed in the U.S. District Court for the Southern District of Florida. The case ultimately went to mediation and settled very quickly on favorable terms for the client. Represented a California-based travel agency accused of fraud and negligent security in a lawsuit in the Southern District of Florida. We were able to negotiate a settlement on favorable terms for the client. Represented the officer of a Korean vessel against Clean Water Act violations and obstruction of justice. Our client was permitted to be repatriated without being charged at the conclusion of a Department of Justice (DOJ) and U.S. Coast Guard Investigation. Represented a physician in a civil investigation and settlement involving the U.S. Department of Justice (DOJ) and the U.S. Attorney s Office for the Middle District of Florida. We were able to negotiate a favorable settlement on behalf of our client. Represented a former board chairman in numerous lawsuits brought by investors in a restaurant franchise. We were able to obtain the dismissal of one lawsuit and the settlement of the remaining suits without a financial contribution from our client. Defended an attorney against allegations of Rule 11 violations in an employment matter pending in the Middle District of Florida. We were able to obtain minimal sanctions against the attorney following an evidentiary hearing. Conducted an internal investigation involving disclosures to the U.S. Food and Drug Administration (FDA) on behalf of an international pharmaceutical company. The investigation involved potential false claims involving drug recycling. Represented an individual in an investigation by the U.S. Department of Justice (DOJ) involving the failure to disclose a foreign bank account. We were able to obtain a termination of the investigation following a meeting with DOJ. Nathan M. Berman 4
5 Powered by TCPDF ( Conducted an internal investigation involving complaints of discriminatory bonus structures. We were retained to investigate and analyze a complaint made to the compliance department questioning the company s compensation practices for certain employees. Represented an online travel company in an investigation conducted by the Florida Attorney General s Office into alleged deceptive and unfair trade practices. Defending an executive and former general counsel of a major public health care insurance company in connection with federal health care fraud charges. The indictment involves complex legal and accounting issues regarding the Florida Medicaid behavioral health care program. A related civil suit filed by the U.S. Securities and Exchange Commission (SEC) alleges fraud, false filings, and related violations of the Securities Act. Represented a former director of a failed bank in a Federal Deposit Insurance Corporation (FDIC) investigation. We were able to negotiate a settlement without a financial contribution from our client. Represents former officers of a failed bank in a civil Federal Deposit Insurance Corporation (FDIC) investigation and parallel criminal investigation. These investigations focused on the circumstances surrounding bank failures in the wake of the downturn in the real estate market, in particular the bank s lending practices and the standard of care exercised by the firm s clients. Represented an online travel company in consumer litigation in Southern Florida. We were able to quickly resolve the matter to the satisfaction of the client. Represented an individual in an investigation by the U.S. Attorney s Office for the Middle District of Florida into mortgage fraud. The investigation concluded without the filing of charges against our client. Nathan M. Berman 5
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