Etan Mark

Practice Areas

As a complex commercial litigator that cut his teeth on BigLaw in New York, clerked for a federal judge and is the founding partner of Chambers-ranked commercial litigation boutique Mark Migdal & Hayden, Etan endeavors to combine practicality, street fighting and thoughtful legal approaches to his work. He readily combines strategic thinking with action and often advises clients on what they should and (often) should not do when presented with the unique challenges of a business in (or near) litigation.

With most of his practice situate in South Florida, many of Etan’s cases touch either real estate or allegations of fraud; often both. His representative clients include public and private companies, real estate developers, investors and owners, tech entrepreneurs, family offices, hotels and banks. Over the past 12 months, Etan has participated in some of the most high-profile litigation adverse to the City of Miami Beach, including a $90 million claim against the City relating to the construction of the City of Miami Beach Convention Center and a case representing the businesses on Lincoln Road in connection with an unconstitutional sidewalk cafe ordinance passed by the City.

Etan knows the judges and other law firms in Florida well, understands local practice and is well-attuned to the pain points for out-of-town counsel lucky enough to be litigating in Florida. As a result, a significant part of his business has been guiding and advising out-of-town attorneys and law firms who need advice with litigating in Florida.

Etan also has worked on some high-profile class action matters over the past year, including leading the charge against Herbalife International of America in connection with allegations that Herbalife's "event system" defrauds distributors.

For some strange reason, Etan is particularly enamored with the ins and outs of the Racketeer Influenced and Corrupt Organizations Act (RICO) and has written and read extensively on the subject.

Etan began his legal career working as a business and securities litigator at a top “Big Law” firm in New York. Since leaving New York for more . . . challenging sea levels, Etan has become a devotee of alternative value propositions focused on efficiency, collaboration and bespoke service (that are sometimes hard to come by in “Big Law”). Etan worked as a law clerk to a federal district court judge in Miami, where he gained an insider’s view on effective advocacy. Following his clerkship, Etan owned and was the CEO of a company that leveraged the global marketplace by outsourcing certain legal services to top attorneys and other legal service providers in India. Prior to founding MM&H, Etan was a partner at Berger Singerman’s Miami office, and was manager of the firm’s Dispute Resolution team.