Mark A. Bloom
Mark focuses his practice on construction law and franchise law. Mark is also a member of the firm's e-discovery taskforce, a multidisciplinary team with significant experience in all phases of electronic discovery, and is a frequent speaker on electronic discovery issues.
In the area of construction law, Mark represents clients in litigation, ADR, and transactional matters involving commercial, institutional and governmental projects, including transportation and infrastructure projects, office buildings, shopping malls, sports stadium projects, big box stores, power plants, convention centers, schools and museums.
He regularly counsels clients with respect to issues concerning green building and sustainability, project delivery systems, contract administration, delay claims, structural failures, construction defects, mechanic’s liens, surety bonds, and design errors and omissions.
In the area of franchise and distribution law, Mark represents clients in litigation, ADR, and transactional matters involving franchise agreements, state and federal disclosures and registrations, business operations, and franchisor/franchisee relations.
Additionally, Mark is experienced in complex commercial litigation and alternative dispute resolution, and has represented corporations, partnerships and national lending institutions in connection with creditors' rights, bankruptcy law, mortgage and lien foreclosures, and secured transactions.
Mark’s recent construction-related representations include:
- Defending the City of New York against claims exceeding $1 billion arising from the collapse of 7 World Trade Center on September 11, 2001;
- Counseling a Major League Baseball team in connection with the design and construction of a new stadium, including various construction agreements;
- Representing a major contractor in connection with claims arising out substantial upgrades to subway lines in the City of New York;
- Advising a hospital system in connection with the design and construction agreements for the expansion and modernization of its health care facilities;
- Representing the owner and operator of a new ethanol plant in its dispute with the design-build contractor over design defects, defective workmanship, and cost overruns;
- Advising a food manufacturer in connection with the design and construction agreements for a new manufacturing plant in the Midwest, and expansion of an office and warehouse facility in the Northeast;
- Representing a major owner/developer, who was building a $60 million multi-tenant mall in the New York metropolitan area, against the general contractor and its surety;
- Representing the developers in connection with the design and construction agreements for the modernization and expansion of a major transportation hub in the New York Metropolitan area;
- Advising one of the largest mall developers in the Northeast in construction and design defects litigation against the design-build contractor and its surety; and
- Representing one of the 30 largest architectural and engineering firms in the country in numerous arbitrations and mediations.
In his franchise and distribution practice, Mark regularly advices clients on franchising issues, including:
- The franchisor of corporate training programs throughout the United States and internationally in various transactional and litigations matters involving termination issues, unfair competition, breaches of contract, and intellectual property;
- The franchisee of an automotive product in New York, California, and Nevada in connection in its negotiations and litigation with the franchisor;
- The franchisee of educational services programs;
- Beverage distributors in New York with respect to their franchise and distribution rights under New York Alcoholic Beverage Control Law.
Additionally, prior to joining Arent Fox, Mark was a partner in the construction practice group, as well as the franchise and distribution practice group, in the New York office of a leading regional law firm.
Mark is an adjunct professor at the Polytechnic Institute of New York University, where he teaches “Construction and the Law” to graduate students who are pursuing their Masters in Engineering and Construction Management.
He is also a member of the ABA Construction Forum, the ABA Franchising Forum, the Construction Law Committee of the New York City Bar Association, the International Franchise Association, and the New York State Bar Association Business Law Committee.
Mark was co-chair of the Floating Hospital's Young Professionals Group, vice chair for programming for the Legal Society of the Jewish National Fund, and on the Board of Advisors to the Floating Hospital.
Publications, Presentations & Recognitions
- The Best Lawyers in America – Construction Law (2013-2016)
- The Legal 500 US - Construction (2016, 2017)
- “The Dangers of Designing in Foreign Lands,” DesignIntelligence; May/June 2011, co-written with Eugene Scheiman, James Frankel, and Nick Pavlidis from Arent Fox, and James Cramer from The Greenway Group
- Super Lawyer – Construction Litigation (2010; 2013-2017) (New York Metro Area)
- Panel Moderator and Speaker at, and contributing author to book for, PLI’sDrafting and Negotiating Construction and Design Contracts, Meeting the Challenges of Sustainable Development 2010 (July). Topics included “Understanding the Role of Building Codes and Industry Standards in Green Design and Construction”
- Roundtable Moderator, International Franchise Association's 41st Annual Legal Symposium 2008
- “Analyzing Construction Claims,” Lorman Educational Services; June 2003
- “Building Industry Response To Mold Claims,” Lorman Educational Services; November 2002
Bar & Court Admissions
- New Jersey Bar
- New York Bar
- US District Court, District of New Jersey
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
Fordham University School of LawJDMember, Urban Law Journal 1992-931994State University of New York at BinghamtonBAPhi Beta Kappa, International Honors Society for Economics, Award for Outstanding Achievement1991