In the technology space, Mr. Berezin litigates cases involving complex technology and various causes of action, with an emphasis on patent, licensing/breach of contract, fraud, tortious interference, trade secret theft and antitrust. He has significant experience litigating cases involving the following technologies: Smart home, home automation and security systems, video analytics/surveillance, biometric technologies, content distribution systems, claims processing systems, energy and clean coal technologies and Internet commerce. Mr. Berezin’s licensing litigation and arbitration experience includes trademark, most favored nations, and breach of contract disputes. In other commercial disputes, Mr. Berezin has prevailed in cases involving lenders, investment banks, real estate developments, cell-phone distributors, as well as debtors and creditors in bankruptcy litigation.
Mr. Berezin regularly publishes and speaks on a wide range of legal and litigation issues. Most recently, Mr. Berezin has published and has been quoted about emerging technology-related issues facing companies in a variety of sectors, such as the risks associated with the Industrial Internet/Internet of Things, Big Data, and privacy. Mr. Berezin has been a faculty advisor to the Trade Secrets Institute at the Brooklyn Law School. He also maintains an active pro bono practice, including assisting immigrant victims of domestic violence, as well as work on behalf of the Innocence Project and the Epilepsy Foundation.
Mr. Berezin has been recognized as a leading lawyer by New York Super Lawyers.
Recent notable experience includes:
- Won a complete victory for General Electric in a high-stakes commercial dispute after a three-week arbitration hearing pertaining to the development of complex technology used for power generation. Mr. Berezin also has represented General Electric in commercial and patent disputes for the company’s Aviation, Energy, Oil and Gas, and GE Capital divisions.
- Won a complete victory for Forbes Media in an international arbitration concerning trademark licensing rights to the Forbes trademark in a non-U.S. jurisdiction where a licensee disputed termination of the license agreement and sought significant damages. After the arbitration hearing, the arbitrator found for Forbes on all counts.
- Represented Samsung at trial in a licensing, contractual and patent dispute involving semiconductor technology. After a successful bench trial, the dispute was favorably resolved. Mr. Berezin also has represented Samsung in other matters, including patent litigation relating to digital camera technology.
- Represented various clients in connection with patent infringement suits involving smart home, home automation, security, video analytics and biometric technologies. Mr. Berezin has acquired a significant background in these technologies and has achieved success for clients such as Vivint, 2GIG Technologies, Inc., L-1 Identity Solutions, Iridian, and Verint Systems, Inc. In one matter, a client faced a significant injunction threat in a patent litigation matter involving complex assignor estoppel issues. The matter was favorably resolved after the Markman hearing. In another matter, a client found itself in a significant licensing, trade secret, antitrust and patent dispute with a major competitor. This matter also was favorably resolved.
- Represented American Airlines concerning the distribution of airline content to business travelers in an antitrust and tortious interference litigation brought in State and Federal court against companies that were both technology providers and competitors. Intense litigation and several days of trial presenting American’s case to a Texas jury resulted in a very favorable resolution.
- Represented CBS and AOL in connection with patent litigation over Internet radio technology. Mr. Berezin obtained summary judgment of non-infringement in favor of his clients after a successful Markman hearing.
- Represented UnitedHealthcare in a multi-district class action involving claims payment technology brought by nearly all practicing physicians in the U.S. alleging civil RICO, conspiracy, ERISA, and other claims. Mr. Berezin obtained summary judgment in favor of United.
- Represented Lehman Brothers in an arbitration arising out of a real estate dispute that involved breach of contract and breach of fiduciary duty claims. He secured a complete victory (including attorneys’ fees).
- Represented The Port Authority of New York and New Jersey in a $400 million lease dispute brought under the Shipping Act by Maher Terminals, LLC, the largest marine terminal operator in Port Elizabeth, NJ. The Port Authority achieved a complete victory before the Federal Maritime Commission.
- Represented First Aviation Services in a multi-million dollar action alleging breach of contract, breach of fiduciary duty and fraud. A California jury returned a defense verdict for First Aviation.
- Securing wins in bankruptcy, district court and on appeal for American in connection with high-stakes tortious interference claims, a $40 million litigation brought by MBNA, several class actions, and American’s bankruptcy acquisition of the assets of Trans World Airlines, Inc.