Mr. Berezin focuses on litigating commercial, media and patent cases, particularly cases involving complex technology or transactions. Mr. Berezin has achieved success for clients in patent litigation, and significant commercial disputes involving licensing, trade secret, antitrust, business tort, fraud and constructive fraud, tortious interference, breach of contract and fiduciary duty issues. He has handled complex technology-related cases involving energy and clean coal, Internet commerce and services, digital photography/cameras, computer memory, wind turbines, biometrics, video surveillance, security systems and associated networks, semiconductors, telephony and electronic distribution systems.
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 many clients such as the risks associated with the Industrial Internet/Internet of Things, Big Data and privacy. Mr. Berezin is a faculty advisor to the Trade Secrets Institute at the Brooklyn Law School. He also maintains a pro bono practice, including 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 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, in which Mr. Berezin served as first chair, the arbitrator found for Forbes on all counts.
- 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 Aviation, Energy, Oil and Gas and GE Capital.
- 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 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 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 clients in the security and home automation sectors in multiple patent infringement litigation. In one matter, Mr. Berezin was lead-counsel in a bet-the-company patent litigation involving assignor estoppel brought by the former employer of one of the company’s founders. This matter was successfully resolved after the Markman hearing. Mr. Berezin has represented other clients successfully in disputes with competitors where the stakes and injunction risk are relatively high.
- Represented a client in a licensing, trade secret, antitrust and patent dispute involving biometric technology involving a significant competitor. Mr. Berezin was instrumental in formulating and implementing a creative strategy that resulted in a very favorable resolution.
- Represented Lehman Brothers in an arbitration that Mr. Berezin first-chaired arising out of a commercial 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 after a trial in which Mr. Berezin was second chair.
- 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.