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Mark S. Furman


(617) 218-2025 | | vCard | PDFPrint Bio

Mark S. Furman


Mark is Chair of the firm's Litigation Department. He has over thirty-five 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, real estate disputes, 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



  • Named a Massachusetts or New England 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 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


  • 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 a 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

TBHR’s Mark Furman Appears on Radio Entrepreneurs

December 12, 2014 – Mark Furman, who serves as chairman of Tarlow Breed Hart & Rodgers’ Litigation Department, is also a sought after speaker. Mark is a regular guest on the popular Radio Entrepreneurs podcast, commenting on a wide range of litigation and legal issues. His most recent show covered the need for business owners to protect themselves and their companies with employee agreements not to compete, as well as agreements covering trade secrets and intellectual property. You can listen to Mark’s full broadcast here.


Publications & Presentations

Weekly litigation commentator on the Radio Entrepreneurs Radio Show

Speaker, Cost-Effective Business Litigation, Massachusetts Bar Association, Lifecycle of a Business Series, February 19, 2013

"Closely Held Corp.'s Governing Documents Critical in Litigation", published in Massachusetts Lawyers Weekly, October 31, 2011

"Becoming Your Clients' Trustee," sumnews, Spring 2011

"The Happy Trustee," Private Wealth Magazine, March / April 2011

"What Could Go Possibly Go Wrong" a presentation to the Merrimack Valley Venture Forum, addressing issues related to setting up Joint Ventures, February 17, 2011

"Sometimes best business bet is to avoid litigation," IndUS Business Journal

"Disputes Among Co-Venturers," The Real Estate Bar Association for Massachusetts, Spring 2008

"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

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