Criminal Law

• Criminal Defense
  For a description of the types of cases Devan handles, see Criminal Defense and Appellate under our Areas of Practice.
• DUI/DWI
  Have You Been Drinking Tonight Ms. Prynne?, Ohio's Scarlet Letter for OVI/DUI Offenders: A Violation of First Amendment Protection against Compelled Speech. 59 Clev. St. L. Rev. 745.
• Wrongful Death
• Sex Crimes
  Berkman, Gordon, Murray & DeVan has represented many individuals and companies facing investigation and prosecution in both federal and state court matters involving complex allegations of white collar crime, such as bank fraud, tax evasion, and wire and mail fraud as well as general criminal matters from aggravated murder, robbery, gambling, arson and rape to driving under the influence and possession of narcotics. Recognizing the life-changing consequences criminal charges pose, we treat each matter with the vigor, care and thoroughness it deserves.
• Fraud
  The discovery process is important–especially so in complex white collar, tax, mail fraud, and conspiracy prosecutions. The government is required to provide or notify defense counsel about the existence of certain evidence. However, the government is not required to provide everything in its possession. Discovery rules are fairly specific about what the government must provide and that which is not discoverable.
• Robbery
• White Collar Crimes
• Misdemeanors
  Driving while intoxicated or under the influence of drugs, or as it is known in Ohio, operating a vehicle under the influence (OVI), is a criminal offense. Although usually prosecuted as misdemeanors, these offenses may be charged as felonies in some repeat offender situations. When an accident occurs and the responsible driver is under the influence, felony charges of aggravated vehicular assault or aggravated vehicular homicide may be filed.
• Drug Crimes
  Federal Criminal investigations, into white collar offenses, tax offenses, mail fraud, medicaid fraud, drug cases and numerous other federal crimes are often initiated with a visit to the target´s business, or residence. The investigators, usually FBI, IRS, postal inspectors or other federal agents, hope to obtain statements useful to the investigation. Additional federal investigative methods include executing search warrants and Title III electronic surveillance (wire taps), among others. After gathering the evidence a federal prosecutor then submits the case to a grand jury and obtains indictments.
• Assault
• Murder
  Mark DeVan has worked tirelessly as a criminal defense attorney for clients facing investigation or prosecution in state and federal courts throughout Ohio. He has represented defendants in many white collar and general criminal matters including capital murder, public corruption, assault, fraud, and arson, and has appeared on behalf of a number of individuals, including professionals, in disciplinary proceedings. DeVan has been recognized in The Best Lawyers in America, Ohio Super Lawyers*, and Marquis Who’s Who in American Law. He has also served as President of the Ohio Association of Criminal Defense Lawyers and on various committees of the National Association of Criminal Defense Lawyers.
• Homicide
• Arson

Business and Corporate Law

• Antitrust

Employment Law

• Employment Discrimination
  Ohio civil rights laws and the federal Age Discrimination in Employment Act offer protection to employees who are over 40 years old. Generally speaking, these laws make it unlawful for employers to discriminate against older workers in the context of promotions, demotions, firing or in setting the terms and conditions or privileges of employment because of their age. It also prohibits discrimination in employee benefit plans such as health coverage and pensions.
• Employment Litigation
  Berkman, Gordon, Murray & DeVan brings the same talent in litigating complex constitutional issues to the representation of our clients in business matters such as trademark and copyright litigation, commercial disputes, and employment issues. While our trial practice is rigorous, we give each of our clients unique and individual attention, and are equally equipped to resolve disputes by negotiation outside the courtroom setting.
• Sexual Harassment
  Managing partner J. Michael Murray is distinguished in The Best Lawyers in America in two separate categories: First Amendment Law and White Collar Criminal Defense, both of which include cases that have taken Murray to courts throughout the nation. His trial experience spans a wide variety of other cases, from civil rights actions involving employment discrimination, sexual harassment, and violation of constitutional rights by police and other public officials, to personal injury, product liability and medical malpractice cases and various business litigation matters.

Property Law

• Land Use and Zoning

Health Law

• Personal Injury
  Whether it’s Constitutional litigation, civil rights cases, criminal defense, personal injury, business and employment, or appellate cases, we have the skill and resources to tackle even the toughest cases.
• Medical Malpractice
  In addition, Murray has extensive experience as an appellate lawyer, arguing appeals in federal and state appellate courts all over the country. Whether seeking recovery for a client injured by medical malpractice or whose civil or constitutional rights have been violated or defending a client facing criminal prosecution, Murray works fiercely and passionately in pursuit of justice for them. And, indeed, his advocacy has produced seven-figure settlements and awards, acquittals after lengthy and hard-fought criminal trials, as well as many reported judicial opinions by appellate courts that have helped shape the law.
• Disability Discrimination
  There can be no doubt that as our population is aging, claims of age discrimination are growing. According to statistics published by the Equal Employment Opportunity Commission (EEOC), the federal agency charged with investigating age discrimination claims as well as claims of sex discrimination, race discrimination and disability discrimination, between 1997 and 2010, the number of claims of age discrimination filed with it rose from 15,785 to 23,264.