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Mark N. Berman


Current Position

Adjunct Professor
Northeastern University
98 Falmouth Rd.
West Newton, MA 02465

Tel: 617-345-6037

Class: XIV (2003)Circuit: First


Northwestern University, B.A. (1973)
Boston College Law School, J.D. (1976)
Admitted to Massachusetts Bar (1977)
Admitted to U.S. Supreme Court (1985)
Admitted to New York State Bar (2007)

Professional Career

Partner, Nixon Peabody LLP (2003-)
Shareholder, Hutchins, Wheeler & Dittmar, A Professional Corporation (1988-03)
Associate (1976-81); Shareholder (1982-88), Widett, Slater & Goldman, P.C.
Legal Assistant, Office of the District Attorney, Suffolk County (1974-75)
Lecturer, Credit Law & Business Law, NACM New England, Inc. (1989-02)


Boston Bar Association, Chair, Bankruptcy Committee (1990-92); Chair, Business Law Section (1995-97)
Supreme Judicial Court of the Commonwealth of Massachusetts, Vice Chair, Client Security Board (1997-02)
American Bankruptcy Institute, Editorial Board, ABI World (2002-07); ABI Law Review Advisory Board (2007-)
Brandeis University, Joshua Guberman Fellow and Lecturer (Spring Semesters, 2008 and 2009)
Boston College Law School, Adjunct Professor (2012)


"The Enforceability in Bankruptcy Proceedings of Waiver and Assignment of Rights Clauses Within Intercreditor or Subordination Agreements," 20 J. Bank. L. & Prac. 6, Art. 1 Nov 2011 Co-Author (with David Lee)
"Response to Vacating Chrysler," Norton Journal of Bankruptcy Law & Practice, Vol. 19, Issue 3 Jun 2010 Author
"Handbook on Second Lien Loans & Intercreditor Agreements," American Bankruptcy Institute May 2009 Co-author (with JoAnn Brighton)
"Secured Parties in U.S. Bankruptcy Proceedings," published as a chapter in International Commercial Secured Transactions, edited by David Franklin and Steven Harms for Carswell, A Division of Thomson Canada Ltd. Feb 2009 Author
"Buying and Selling a Distressed Business," a chapter in Buying and Selling a Privately Owned Business, Massachusetts Continuing Legal Education Nov 2005 Author
"Hedge Funds," American Bankruptcy Institute Journal Feb-Apr 2007 Co-author with Jo Ann Brighton
"Second Lien Financings: Enforcement of Intercreditor Agreements in Bankruptcy, Parts I to V," American Bankruptcy Institute Journal Feb-Jul 2006 Co-author with Jo Ann Brighton
"Not So Fast! Delaware Court Reigns in Creditor Suits Against DS & OS," American Bankruptcy Institute Journal 2005 Author
"Plain Meaning and the Assumption (or Not) of a License of Copyrighted Software," ABI World - Cracking the Code 2004 Author
"Defalcation: What Is It, and Is It Dischargeable? The First Circuit's Search for Meaning," ABI World-Cracking the Code 2003 Author
"Preference Exposure-Another Hurdle for a Debtor's Counsel to Overcome in the Search for Disinterestedness," ABI World-Cracking the Code 2002 Author
"Will a Pre-Petition Avoidable Preference Keep You From Getting Paid," Credit Today, 2002 Author National Association of Credit Managers


Listed in Best Lawyers in America, (1989-)
Listed in Chambers USA America's Leading Lawyers for Business, (2004-)