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Barry H. Berke

Partner

Phone: 212.715.7560 Fax: 212.715.7660 New York

Barry H. Berke, Co-chair of the Litigation Department, is a nationally recognized trial lawyer who represents officers, directors, professionals and corporations in sensitive and high-profile investigations and proceedings. Mr. Berke has handled major matters on behalf of his clients involving all aspects of white collar crime, including allegations of securities fraud, accounting and bank fraud, RICO and FCPA violations, tax offenses, bribery, bid-rigging, and embezzlement. Mr. Berke also has represented prominent corporations in class action and other complex commercial litigation. Some of his notable representations include securing the acquittal of a Deutsche Bank investment professional in a criminal case that the government described as its largest tax shelter prosecution, successfully representing the head of a multibillion-dollar investment fund indicted for violations of the Foreign Corrupt Practices Act, and winning summary judgment for client JP Morgan Chase in a lawsuit brought by Bank of America, relating to CDOs in the wake of the financial crisis.

Mr. Berke is a fellow of th e American College of Trial Lawyers. He has been repeatedly recognized by Chambers USA, Legal 500 and Benchmark Litigation as one of the leading white collar criminal defense lawyers in the United States. In 2012, Chambers USA ranked Mr. Berke in its top band for his success as both a trial lawyer nationwide and a white collar criminal defense lawyer, recognizing him to be “the cream of the crop” for trial work, “an incredibly sharp legal mind and an awesome trial lawyer,” who is known for his “great connection with juries.” Legal 500 in 2011 called Mr. Berke “one of the most high-profile and sought after white-collar attorneys in New York.” Benchmark Litigation has consistently named him a litigation star, noting in its 2015 directory that he is “acknowledged by peers on a nearly unanimous basis,” and naming him “the go-to guy for white collar trial work.” The National Law Journal profiled Mr. Berke as part of a special report on five winning trial attorneys for 2011. Lawdragon has recognized Mr. Berke several times, including naming him to the publication’s Lawdragon 500 Leading Lawyers list for 2013-2014, and describing him as “equally adept at convincing authorities not to bring charges … and at convincing juries to acquit,” in a Lawdragon “Limelight” profile in 2013. Mr. Berke was also included in the Law360 2011 Most Valuable Player list, one of only four lawyers named nationally in the area of white collar criminal defense, and named in 2010 and 2014 as one of the “Top 10 Lawyers in New York” by Super Lawyers.

Mr. Berke is co-author of the textbook The Practice of Federal Criminal Law: Prosecution and Defense, published by Thomson/West’s American Casebook Series. He has taught courses on criminal law and professional responsibility at New York University School of Law, and lectures frequently on criminal justice issues in a variety of forums.

Mr. Berke is a member of the firm’s governing executive committee. In addition to his leadership roles within the firm, Mr. Berke serves as chairman of the board of directors of the Coalition for the Homeless and chairman of the board of directors of the Federal Defenders of New York Inc. He is also a member of the board of advisors of the Mayor’s Fund to Advance New York City.

Prior to joining Kramer Levin, Mr. Berke was a trial lawyer with the Federal Defenders’ Office for the Southern District of New York for four years. During that time, he defended individuals accused of a wide range of federal offenses, serving as lead counsel in numerous jury trials and achieving favorable verdicts in a large majority of those cases.


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J.D., cum laude, Harvard Law School, 1989
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B.A., summa cum laude, Phi Beta Kappa, Duke University, 1986
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New York, 1989
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United States District Court for the Eastern District of New York
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United States Court of Appeals for the Second Circuit
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United States District Court for the Southern District of New York
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Honorable Mary Johnson Lowe,  United States District Court for the Southern District of New York, 1989 - 1990
    -American College of Trial Lawyers, fellow
    -Coalition for the Homeless, chairman, board of directors
    -Federal Defenders of New York, Inc., chairman, board of directors
    -Mayor's Fund to Advance New York City, board of advisors
    -City Bar Fund, 2007-2010, board of directors
    -New York City Bar Association, Judiciary Committee, 2002-2003; Committee on Criminal Advocacy, 1999-2002; Special Committee on Representation in Capital Cases, 1995-1998
    -American Bar Association National Association of Criminal Defense Lawyers
    -New York State Association of Criminal Defense Lawyers

    Honors and Distinctions

    -The American Lawyer’s “Young Litigators Fab Fifty” (2007)
    -Best Lawyers in America (2007-2015)
    -Benchmark Litigation (2009-2015)
    -Chambers USA (2008-2014)
    -Law360’s 2011 Most Valuable Player list
    -Lawdragon 500 Leading Lawyers in America (2013-2014)
    -Lawdragon 3000 (2011)
    -Legal 500 US (2009-2014)
    -Super Lawyers “Top 10 Lawyers in New York” (2010, 2014)
    -Super Lawyers “Top 100” (2008-2014)
    -New York University, adjunct professor (2003-2007)
    -New York University, adjunct assistant professor (1995-2003)