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Partner
Litigation & Intellectual Property Practice

McLean
(703) 714-7555 Phone
(703) 918-4050 Fax

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Practices

eDiscovery and
  Cyber-Investigations
  Team
Insurance and
  Reinsurance

Mr. Berk’s practice focuses on complex civil litigation. His experience includes the trial of cases involving commercial, insurance and reinsurance disputes. He also assists clients in connection with liabilities arising out of emerging technologies, including issues relating to internet security and electronic discovery.

Relevant Experience

Representative trials include:
- Trial in federal district court and before appraisal panel concerning alleged $100,000,000 business interruption loss arising out of terrorist attack on World Trade Center.
- Trial in federal district court concerning losses related to satellite explosion and allegations of technology changes.
- Trial in state court of multi-million dollar lost profit claim arising out of alleged attorney malpractice.
- Trial in state court of alleged defamation claim by physician against health care provider.
Representative reported appellate decisions include:
- Duane Reade, Inc. v. St. Paul Fire & Marine Ins. Co., 411 F.3d 384 (2d Cir. 2005), further proceedings 466 F. Supp. 2d 560 (S.D.N.Y. 2006)
- Cement and Concrete Workers Dist. Council Pension Fund v. Ulico Cas. Co., 199 Fed. Appx. 29 (2d Cir. 2006)
- Burke v. Ulico Cas. Co., 165 Fed. Appx. 125 (2d Cir. 2006)
- St. Paul Fire & Marine Ins. Co. v. 111 Tenants Corp., 93 Fed. Appx. 299 (2d Cir. 2004)
- SR International Business Insurance Co., Ltd. v. World Trade Center Properties, LLC, 345 F.3d 154 (2d Cir. 2003)
- Herbert A. Sullivan, Inc. v. Utica Mut. Ins. Co., 788 N.E.2d 522 (Mass. 2003)
- Liberty Mut. Ins. Co. v. Metropolitan Life Ins. Co., 260 F.3d 54 (1st Cir. 2001)
- Reliance Ins. Co. v. Utica Mut. Ins. Co., 5 Appx. 279 (4th Cir. 2001)

Membership

Massachusetts, District of Columbia, Virginia, New York; U.S. Court of Appeals for the First, Second, Third, Fourth, Fifth, Eighth and Federal Circuits; U.S. District Court for the District of Maryland, District of Massachusetts and Southern District of New York

Education

J.D., Harvard Law School, 1985; Ph.D., Massachusetts Institute of Technology, 1982; B.A., Washington University, 1977

Lon Berk