• 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.” 

    Barry’s notable representations include securing the acquittal of a Deutsche Bank investment professional, and the deferred prosecution of another, in a criminal case that the government described as its largest tax shelter prosecution; successfully representing former SAC Capital Fund Advisors fund manager Michael Steinberg in a prominent insider-trading case that was ultimately dropped by U.S. prosecutors; and successfully representing the former mayor of New York City, Bill de Blasio, in connection with federal and local investigations.

    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.


    • Secured dismissal of bribery and fraud charges against former NY Lt. Governor Brian Benjamin, and currently defending that decision in the Court of Appeals.

    • 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.

    • 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.

    • 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.

    • Represented a former Deutsche Bank AG broker who had been accused of participating in one of the largest tax fraud cases in history. Under the terms of a rare deferred prosecution agreement with the Manhattan U.S. attorney’s office, all charges against our client were dismissed.

    • Represented former SAC Capital Fund Advisors fund manager Michael Steinberg in a prominent insider-trading case that was dropped by U.S. prosecutors following the U.S. Supreme Court’s decision not to review a 2nd Circuit ruling in a related case, which agreed with arguments Kramer Levin had made in Steinberg’s case and preserved for appeal that the government had overstepped the bounds of insider-trading law in seeking to prosecute remote tippees.

    • Represented a former investment representative at Deutsche Bank Alex. Brown in a criminal prosecution in the Southern District of New York related to what has been characterized as the largest tax fraud prosecution in U.S. history. He was charged with conspiring to deprive the IRS of billions of tax dollars through the use of allegedly abusive tax shelters, but was acquitted on all nine criminal charges after a ten-week trial.

    • Represented the head of a multibillion-dollar investment fund, and succeeded in clearing him of all charges, in an indictment alleging that he conspired to bribe the president of Azerbaijan in connection with the privatization of the state-owned oil company, in violation of the Foreign Corrupt Practices Act.

    • Represented JP Morgan Bear Stearns Asset Management in the first bank-against-bank lawsuit arising out of the financial crisis, and won dismissal of all claims prior to trial in the federal action brought by Bank of America seeking to recover $3 billion in losses.

    • Conducted internal investigations on behalf of boards of directors and audit committees of many public and private companies, including Moody’s, AIG, Bear Stearns and DoubleClick.

    • Represented the general counsel of a company charged with violating federal immigration and labor laws. Following successful motions to sever and limit the charges, all charges were dismissed on the eve of trial and the client has resumed the private practice of law.

    • Represented a lawyer who was charged with participating in a multimillion-dollar securities arbitrage fraud. Following a two-month trial, the jury returned a verdict acquitting his client on all 23 counts.

    • Represented the president of an investment company charged with engaging in a $60 million bond fraud. All charges were dismissed following the close of the government’s case at trial.

    • Represented an accountant and officer of a Fortune 20 company in an accounting fraud investigation by the SEC. Following the issuance of two Wells submissions, Barry successfully persuaded the SEC to not file any charges against his client.

    • Represented a doctor, who eventually avoided criminal prosecution, regained his medical license and resumed the practice of medicine, in a health care fraud case that received widespread media attention.

    • Represented the owner of a 1933 Double Eagle gold coin, believed to be the rarest and most valuable coin in the world, that the U.S. government claimed was stolen government property. After successfully persuading the government to dismiss criminal charges, Barry represented the coin dealer in a protracted civil forfeiture proceeding that resulted in a landmark settlement on the eve of trial, whereby the coin was auctioned for a record $7.6 million and the proceeds divided between his client and the government.

    • Represented a well-known law firm in an arbitration brought by a former partner, achieving a significant decision that upheld the enforceability of the firm’s partnership agreement and noncompete provisions.

    • Represented a businessman at the center of the state of Connecticut treasurer’s office corruption scandal and, with co-counsel, successfully persuaded the government to end its investigation and criminal prosecution of the client.

    • Represented a former officer of a leading investment bank alleged to have participated in a fraud involving hundreds of millions of dollars, and successfully persuaded the U.S. attorney’s office for the Southern District of New York to drop criminal charges against him.

    • Represented world-champion boxers and others in the boxing profession in high-profile arbitrations and court proceedings, all of which Barry won on behalf of his clients.



    • J.D., cum laude, Harvard Law School, 1989
    • B.A., summa cum laude, Phi Beta Kappa, Duke University, 1986

    Bar Admissions

    • New York, 1990


    • 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)
  • *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.