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Barry H. Berke
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- Partner
- Chair, Litigation
- New York
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Barry H. Berke is a nationally renowned trial lawyer and white collar criminal defense attorney. Barry represents individuals and corporations in sensitive and high-profile trials, investigations, complex litigation and internal investigations.
Barry is widely recognized for his success and creativity as a trial lawyer and strategist, his ability to connect with and persuade juries, and his skills in protecting his clients. Noting feedback from sources that laud him as “the best lawyer of our generation” and “America’s greatest trial lawyer,” Chambers USA has described him as “one of the foremost litigators in the U.S.,” “the go-to criminal defense lawyer in the country” and “universally regarded as one of the best in the white-collar business.” Barry has won universal praise for his sophisticated representation of prominent individual and corporate clients facing high-stakes proceedings. Chambers highlighted that Barry is known for his “strategic ingeniousness,” “incredibly sharp legal mind” and “great connection with juries,” and he has also been commended for having “a blend of real legal smarts, common sense and a terrific courtroom presence,” being “absolutely masterful at protecting his clients” and being “very persuasive.” “In addition to being the strongest white-collar trial lawyer out there,” said a Chambers source, “he has fantastic skills in dealing with distressed clients and navigating them through a crisis.” Another noted that “Barry is so experienced and creative in his thinking. There’s no problem he can’t solve.” Other Chambers sources have described him as “super-sharp [and] a dream to work with and he inspires fear in opponents,” noting that “he is indefatigable. If I got into trouble, I would hire him,” and that “[h]e is a very strategic lawyer and has a personality and disposition where he can advocate strongly for his client while at the same time not upsetting or ruffling the feathers of the other side.” He can do all this while “devastat[ing] the other side’s case, which is an extraordinary talent.” Legal 500 recently cited sources saying that he and his colleagues “throw themselves between the government and their clients, fighting for justice every step of the way.”
Barry recently served as chief impeachment counsel to the U.S. House of Representatives in the Senate impeachment trial of the former president of the United States. During the trial, Barry served as lead counsel and helped the House managers prepare and present a case that was widely recognized for its precisely choreographed and persuasive presentment of the factual evidence and constitutional arguments.
Previously, Barry served as special counsel to the Judiciary Committee of the U.S. House of Representatives in connection with its first investigation and impeachment of the former president of the United States. In addition to helping build the investigative framework and develop and draft the articles of impeachment, Barry played a prominent public-facing role in the House impeachment hearings, where he gave the opening statement for the committee and questioned key witnesses to much acclaim. Among the recognition he received, The Washington Post named him “Distinguished Person of the Week” on the basis of his cross-examination of the president’s former campaign manager, which Slate described as “a cross-examination that should be mandatory viewing for every law student in the history of time.”
A fellow of the American College of Trial Lawyers, Barry 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, trial and other issues at a variety of other law schools, bar associations and forums.
Barry is chairman of the board of directors of the Coalition for the Homeless and is a member and former chairman (2014 – 2016) of the board of directors of the Federal Defenders of New York Inc.
Prior to joining Kramer Levin, Barry was a trial lawyer with the federal defenders office for the Southern District of New York. 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.
Experience
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Recently secured complete vindication for Ted Huber of Deerfield Capital Management, an agreement to dismiss with prejudice the remaining charges against him in an insider trading and fraud case following his acquittal of the insider trading charges at trial and the remaining counts being overturned on appeal.
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Represented CBS Corp. in the successful resolution of an arbitration dispute with former CEO Leslie Moonves, resulting in dismissal of the arbitration proceeding and a $120 million grantor trust reverting to CBS in its entirety.
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Represented former New York City Mayor Bill de Blasio in federal and local criminal investigations that were successfully concluded with no charges brought or any other actions taken.
Credentials
Education
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J.D., cum laude, Harvard Law School, 1989 -
B.A., summa cum laude, Phi Beta Kappa, Duke University, 1986
Bar Admissions
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New York, 1990
Clerkships
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Honorable Mary Johnson Lowe, U.S.D.C., Southern District of New York, 1989 - 1990
Court Admissions
- U.S.C.A., 2nd Circuit
- U.S.D.C., Eastern District of New York
- U.S.D.C., Southern District of New York
Professional Affiliations
- American College of Trial Lawyers, Fellow
- Coalition for the Homeless, Chairman, Board of Directors
- Federal Defenders of New York Inc., Board of Directors, former Chairman (2014 – 2016)
- Lincoln Center, Board of Directors (New York City mayor Bill de Blasio's designee) (2015 – 2022)
- Mayor's Fund to Advance New York City, Board of Advisors (2014 – 2022)
- City Bar Fund, Board of Directors (2007 – 2010)
- 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
- New York University, Adjunct Professor (2003 – 2007)
- New York University, Adjunct Assistant Professor (1995 – 2003)
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*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the Super Lawyers selection methodology can be found here.