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Practice Groups:
Practice Specific Experience:
Education:
| · | Harvard Law School, J.D., 1990, cum laude | | · | Brandeis University, A.B. Economics, 1987, summa cum laude, High Honors in Economics, Phi Beta Kappa |
Admissions:
Courts:
| · | U.S. District Court, Northern District of Illinois, 1990 | | · | U.S. District Court, Northern District of Illinois (Trial Bar), 1995 | | · | U.S. District Court, Southern District of Illinois, 2006 | | · | U.S. Court of Appeals, Seventh Circuit, 1992 | | · | U.S. Tax Court, 1996 | | · | U.S. Court of Federal Claims, 2000 |
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Debbie L. Berman is a partner in the Firm's Litigation Department. She is a Co-Chair of the Media and First Amendment Practice and a member of the Complex Commercial Litigation Practice and the Unfair Competition, False Advertising and Lanham Act Practice. She is also Chair of the Firm's Women's Forum Steering Committee and the Litigation Associate Assignment Subcommittee. Ms. Berman is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.
Ms. Berman has extensive experience in the First Amendment and defamation areas in both state and federal courts. In particular, Ms. Berman has defended media and non-media clients in more than 20 separate defamation and defamation-related tort cases and, in many of these cases, has successfully obtained dismissals of these actions. Most recently, she successfully defended Paramount Pictures in Muzikowski v. Paramount Pictures, et al, in which the plaintiff had claimed the movie Hardball was based on his life and portrayed him in a defamatory manner. Ms. Berman initially defeated the plaintiff’s attempt to enjoin the movie’s release and then obtained summary judgment. A federal appeals court upheld the trial court’s summary judgment ruling. She also has represented media companies in other First Amendment matters, such as in quashing subpoenas to obtain outtake footage or testimony from reporters about their newsgathering activities.
Ms. Berman also has substantial experience in other areas of complex civil litigation. For example, she successfully defended a client in a significant breach of contract action claim. Additionally, she was the lead lawyer representing a Fortune 500 company in a race discrimination suit brought under Title VII. Ms. Berman successfully obtained summary judgment for her client which was affirmed by the Seventh Circuit Court of Appeals. She also has represented clients in bankruptcy-related litigation, such as fraudulent conveyance and preference actions; shareholder derivative cases; complex multi-party, multi-state class actions; breach of contract matters; and business tort actions.
Ms. Berman has represented clients in substantial trade secrets and unfair competition matters. She litigated the seminal case involving the inevitable disclosure doctrine for trade secrets, Pepsico v. Redmond, 54 F.3d 1262 (7th Cir. 1995), both on the trial and appellate level. In addition, she has represented other clients in preliminary injunction and other proceedings concerning the enforcement of covenants not to compete and related trade secrets issues, and in Lanham Act and other unfair competition litigation. She also counsels clients on trade secrets and unfair competition issues in non- and pre-litigation settings, including assisting clients in developing policies for protecting their trade secrets.
Ms. Berman also represents clients in a variety of government contracts litigation. In particular, Ms. Berman was trial counsel for General Dynamics Corp. in a matter involving complex tax accounting issues related to a multi-year procurement contract with the United States Air Force. As a result of the favorable verdict, the client saved a substantial amount in potential taxes and interest. Ms. Berman also has represented defense contractors in other types of litigation against the United States government, including contract terminations and indemnification suits. Finally, Ms. Berman has represented defense contractors in litigation with other defense contractors, including issues related to teaming arrangements on major government contracts.
Ms. Berman is a member of the American Intellectual Property Law Association, the Intellectual Property Law Association of Chicago, and the American, Chicago and Illinois State bar associations. In particular, Ms. Berman is a member of the litigation, intellectual property, business torts and media law sections of the American Bar Association and the civil practice and intellectual property divisions of the Illinois State Bar Association. Ms. Berman is a member of the board of Leadership Greater Chicago, an organization that works to develop community awareness among leaders in the Chicago metropolitan area. She also is a member of The Economic Club of Chicago. She is admitted to practice in the following courts: Illinois state, Northern District of Illinois (including the trial bar), Southern District of Illinois, the Seventh Circuit Court of Appeals, the United States Tax Court and the United States Court of Federal Claims.
Ms. Berman received her A.B. summa cum laude with high honors in economics from Brandeis University in 1987 where she also was a Phi Beta Kappa. Ms. Berman obtained her J.D. from the Harvard Law School cum laude in 1990. In 2005, Ms. Berman was named to the prestigious Crain’s Chicago Business “40 Under 40” list, and in 2002, Ms. Berman was also named as one of the “40 Under 40 Illinois Attorneys to Watch” by the Law Bulletin Publishing Company. In 2006 and 2007, Chambers USA named Ms. Berman one of the country's leading lawyers in the area of Media & Entertainment law. She was also recognized in 2005, 2006, 2007 and 2008 as an "Illinois Super Lawyer" in a survey conducted by Law & Politics and Chicago Magazine. In 2006 Lawdragon magazine named Ms. Berman to its "New Stars, New Worlds" list of 500 attorneys who are "carving the path to the new heights of the legal profession." Ms. Berman was honored by the JUF/Jewish Federation with its coveted Davis, Gidwitz & Glasser Award, which recognizes “young leaders who represent an ideal of dedication and service to the Jewish community.” In addition, she is a Leadership Greater Chicago Fellow.
Publications:
- "When is Plagiarism a Viable Theory?", ABA Intellectual Property Litigation, Vol. XIII, No. 3, Fall, 2001
- "Social Desirability of Safety-related Research Joint ventures: Effect of Tort Liability on the Social Welfare Calculation," Vol. 4, No. 1, Loyola Consumer Law Reporter, Fall 1991
Available Publications:
- “Illinois’ Anti-SLAPP Statute: A Potentially Powerful New Weapon for Media Defendants," Communications Lawyer, March 2009
Please click here to review the article. - “Indecent Proposal: The FCC and Four-Letter Words," Lawdragon.com, November 25, 2008
Please click here to review the article. - "Top Secrets: Protecting Trade Secrets is Essential When Contracting with the Government," The Deal, Vol. 4, No. 14, April 28, 2008
Please click here to view the article. Professional Activities: Awards- Chambers USA
 | Media & Entertainment – 2006, 2007 |
- Crain's Chicago Business
 | "40 Under 40" – 2005 |
- Illinois Super Lawyers
 | First Amendment/Media – 2005 Business Litigation – 2006, 2007, 2008, 2009 First Amendment/Media/Advertising -- 2008
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- Jewish United Fund / Jewish Federation of Metropolitan Chicago
 | Davis, Gidwitz & Glasser Award – 2005 |
- Law Bulletin Publishing Company
 | "40 Under 40 Illinois Attorneys to Watch" – 2002 |
- Lawdragon Magazine
 | 500 "New Stars, New Worlds" – 2006 |
- Leading Lawyers Network
 | Advertising & Media Law - 2004-2009 Arts, Entertainment & Sports Law - 2004-2009 Civil Rights/Constitutional Law - 2004-2009 |
- Legal 500
 | Intellectual Property - 2007 Trade Secrets - 2007 |
Community- Brandeis University Alumni Admissions Council
 | Member, 1990-Present Former Chair, Chicago Area |
- Brandeis University National Alumni Association
 | Vice President, 2001-2004 Club President, Chicago Area, 1998-2001 |
- Crohn's and Colitis Foundation (Illinois Chapter)
 | Major Gifts Committee, 2005-2007 Co-Chair, Public Relations Subcommittee, 2006-2007 |
- Economic Club of Chicago
 | Member |
- EZRA Multi-Service Center
 | Committee Chair, 2001-2003 Committee Member, 1996-2006 |
- Jewish Community Centers of Chicago
 | Member, Board of Directors, 1998-2003 |
- Jewish United Fund / Jewish Federation of Metropolitan Chicago
 | Vice Chair, Board of Directors, 2007-Present Executive Committee Member, 2006-Present Member, Board of Directors, 2003-Present Member, Leadership Development Advisory Committee, 2007-Present Chair, Kyiv Kehillah Committee, 2008-Present Chair, Trades, Industries and Professions, 2006-2008 Lawyers' Division, Various Positions, 1990-Present Secretary, 2006-2007 Chair, Leadership Development Committee, 2005-2007, Committee Member, 1995-2003
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- Leadership Greater Chicago
 | Member of the Board, 2007-Present Fellow, 2006-2007 |
- Temple Anshe Sholom
 | Vice President, Board of Trustees, 2001-2007 |
- United Jewish Communities National Young Leadership Cabinet
 | Member, and various portfolio holder, 1997-2003 |
- Wexner Heritage Foundation, Graduate
Educational- Harvard Law School
 | Represented at Chicago Law School Forum |
Service To The Bar- American Bar Association
 | Chicago Regional Representative, Women in Communications Law |
- American Bar Association - Communications Law Forum
- American Bar Association - Section of Intellectual Property
- American Bar Association - Section of Litigation
- American Bar Association - Section of Media Law
- American Intellectual Property Law Association
- Chicago Bar Association
- Illinois State Bar Association - Civil Practice Division
- Illinois State Bar Association - Intellectual Property Division
- Intellectual Property Law Association of Chicago
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