Brian A. Berkley is a trial lawyer whose practice centers on complex commercial litigation, with an emphasis on disputes over trade secrets and non‑competes. His broad experience includes litigation related to complex financial services and matters involving software and technology. He routinely litigates substantial cases with many millions of dollars at stake.
Brian has more than a decade of experience representing clients in trials and injunction proceedings before the state and federal courts, and in arbitration forums in the United States and abroad.
He represents Fortune500 and midsize companies as well as startups in lawsuits spanning a wide range of industries – commercial real estate, financial services, gaming, health care, higher education, insurance, manufacturing, mortgage banking and software technology.
With experience in arbitrations before the International Centre for Dispute Resolution, American Arbitration Association and the London Court of International Arbitration, Brian maintains a particular interest in arbitration law.
He teaches arbitration law as an adjunct professor at Rutgers School of Law and is a prolific writer on arbitration issues, with articles published by the New York Law Journal, New Jersey Law Journal, Law360 and the American Bar Association.
Representative Matters :
- Defended a manufacturer in four-week federal jury trial, the first jury trial under the Defense of Trade Secrets Act. Won a jury verdict that completely rejected non-compete claims.
- Currently prosecuting trademark infringement, dilution, and unfair trade practices claims on behalf of large greeting card company. Secured a preliminary injunction within one week of filing that stopped further infringement.
- Served as lead counsel in the successful defense against the enforcement of a non-solicitation agreement, tortious interference claim and fraud claims against a large insurance company and broker, resulting in a favorable settlement.
- Pursued a preliminary injunction on behalf of a Fortune 500manufacturer against former employees to enforce non‑compete and nonsolicitation agreements, obtaining favorable settlement.
- Led the representation of a foreign software provider in an international arbitration concerning a software implementation, turning a $1 million claim against the client into a settlement payment for the client.
- Defended and prosecuted two arbitrations on behalf of a medical device manufacturer, turning an initial multimillion-dollar claim against the client into a multimillion-dollar settlement for the client.
- Defended university against fiduciary duty claims brought by current and former students.
- Washington and Lee University School of Law (J.D., cum laude, 2005)
- Bucknell University (B.A., 2001)
- American Bar Association
- Irish American Business Chamber and Network
- The Fellows of the American Bar Foundation
- Greater Philadelphia Rugby Business Network
JUDICIAL CLERKSHIP : U.S. District Judge James F. McClure, Middle District of Pennsylvania
COURT ADMISSIONS :
- U.S. Court of Appeals, Tenth Circuit
- U.S. District Court, Eastern District of Pennsylvania
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Texas
Rate : $$$