ANDREW BERGER 8x10

 

Practice Areas

Areas of Focus

  • Intellectual Property Law
  • Trademark and Copyright Litigation Licensing
  • IP Litigation
ANDREW BERGER 8x10

Andrew Berger

Counsel berger@thsh.com 212-702-3167 LinkedIn Twitter

Practice Areas

Areas of Focus

  • Intellectual Property Law
  • Trademark and Copyright Litigation Licensing
  • IP Litigation

Biography

Andrew Berger is an intellectual property litigator who uses his breadth of experience and creativity to protect his clients' copyrights and trademarks from infringement. He has resolved multiple copyright infringement litigations on behalf of his clients when those works were used without their authorization, collecting substantial sums on their behalf. Andrew also helps his clients monetize and distribute their intellectual property through licensing, joint ventures, sales and related transactions. Many of his cases are at the cutting edge of the Internet and new technologies.

Andrew has also since 2016 served as an adjunct professor of law at Cornell Law School teaching a seminar in copyright litigation in the fall.

In addition, Andrew has for more than twenty-five years served as a mediator in IP cases on behalf of the Southern District Mediation Office and in private mediations.

Further, Andrew has successfully litigated many complex commercial matters, including on behalf of the Government of Ecuador, the Women's Professional Tennis Association and a Channel Islands investment company based in Europe.

He graduated from Cornell University and Cornell Law School and served as president of the Cornell Law Association, the alumni body representing the graduates of that school.

Andrew has also been a leader in national intellectual property organizations. In 2014, he co-founded and then served a two-year term as the inaugural chair of the Intellectual Property Institute. Its 38 members are Fellows of the Litigation Counsel of America, a trial lawyer honorary society, who practice intellectual property litigation in firms across North America. The mission of the Intellectual Property Institute is to promote the peer-to-peer professional development of its members. Andrew also served for many years as trustee and member of the executive committee of the Copyright Society of the U.S.A., and as co-chair of the Copyright Subcommittee of the Intellectual Property Litigation Committee of the ABA's Litigation Section. Andrew was named the most outstanding subcommittee chair of the Intellectual Property Litigation Committee and also won the Outstanding Service Award from the Copyright Society.

He has also lectured on copyright at John Marshall Law School in Chicago, on trademark at the New School and the Zicklin School of Business at Baruch College and on intellectual property protection at the Johnson Graduate School of Management at Cornell. Andrew's peers have selected him each year for the past seven as a New York Super Lawyer in IP litigation.

He frequently writes and speaks about intellectual property topics before bar and industry groups, including the Copyright Society, the PLI Advanced Program on Copyright Law, the Cornell Entrepreneur Network, the American Conference Institute and the Litigation Counsel of America. He is often quoted in the Wall Street Journal and the National Law Journal about IP issues. Andrew writes an IP blog called IP In Brief commenting on trends and transformation in copyright and trademark. He is also a Twitter user; his handle is @IPInBrief.

Over forty years ago Andrew founded the Litigators Club, a group of about twenty lawyers in smaller firms, to meet with judges to discuss matters of common concern regarding litigation in the federal and state courts. The judges from the Second Circuit who have been guests of the Litigators Club include Judges Leval, Livingston Katzmann and Justice Sotomayor, before she joined the Supreme Court. Their most recent guest from the Second Circuit was Judge Sullivan.

Andrew lives in a brownstone in the Cobble Hill section of Brooklyn with his wife, a former federal prosecutor, their youngest son and their hyper-active rescue named Chloe.

  • Ward v. Natl. Geographic Society, 208 F. Supp. 2d 429 (S.D.N.Y. 2002); Faulkner v. Natl. Geographic Society, 294 F.Supp. 2d 523 (S.D.N.Y. 2003); Faulkner v. Natl. Geographic Society, 409 F.3d 26 (2d Cir.), cert den. 126 S.Ct. 833 (2005). These cases involve a CD-ROM product called the Complete National Geographic.
  • Merana v. Prudential Bache, as reported in Cresswell v. Sullivan & Cromwell, 704 F. Supp. 392, 408 (S.D.N.Y. 1989). This was a commodities fraud action against Bache in which the district court disclosed that our client had settled for 93.99% of its losses
  • Bennett v. Gill & Duffus Chemicals, Inc., 699 F. Supp. 454 (S.D.N.Y. 1988). In the first trial, the court determined that an unwritten severance plan was enforceable under ERISA. After the employer then denied severance under the plan, court determined at 2nd trial that defendant's employer-sponsored pension plan's decision to deny severance benefits to terminated employees was arbitrary and capricious even though employees did not suffer any unemployment following sale of employer's division to another company.

College:

  • Cornell University, 1966, BA

Law School:

  • Cornell University, 1969, JD
  • Partner and counsel, Lowenthal, Landau, Fischer & Bring, 1990-1998
  • Counsel, Stecher Jaglom & Prutzman, 1998-2000

Professional:

  • Co-founder and past Chair of the Governing Board of the Intellectual Property Institute
  • Copyright Law Society: Trustee and Member of the Executive Committee 2011 – 2014, Winner Copyright Society Service Award 2011
  • ABA Litigation Section; co-chair of the Copyright Subcommittee of the Intellectual Property Litigation Committee, 2008-2013
  • NY City Bar Association, Copyright Law Committee, 2012 - 2018
  • International Trademark Association, Copyright Committee, 2018- current
  • Founder, Litigators Club

Civic:

  • Brooklyn Heights Synagogue, Member of the Executive Committee and First Vice President, 2010-2012, Secretary 2016 – 2018, Trustee, 2018 - current

Others:

  • Adjunct Professor of Law, Cornell Law School 2016
  • Cornell Law Association, President, 2005 - 2007; Executive Committee, 1999 - 2003
  • Cornell Law School Representative on Cornell University Alumni Trustee Nominations Committee, 2003-2007
  • Cornell Council, 2008 - 2012
  • Adjunct instructor in trial techniques at Hofstra Law School for the National Institute for Trial Advocacy, 1994-2011
  • California and New York
  • United States Supreme Court
  • 2nd Circuit Court of Appeals
  • United States District Court, District of Colorado
  • United States District Court for the Southern District of California
  • United States District Court for the western District of Texas
  • Super Lawyer: New York Metro Super Lawyers 2017 + 2018
  • Super Lawyers in Intellectual Property Litigation: 2006, 2012-2017
  • Fortune's 2012 Top Rated Lawyers Guide to Intellectual Property Law
  • Avenue Magazine's 2012 Legal Elite List
  • American Lawyer & Corporate Counsel's 2012 Top Ranked Intellectual Property Attorneys
  • Outstanding Subcommittee Chair of Intellectual Property Litigation Committee of the ABA's Litigation Section 2011
  • Outstanding Service Award, Copyright Society of the USA 2011
  • Martindale-Hubbell AV Preeminent Rating
LCA1
AV Rating
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Events

Andrew Berger is an intellectual property litigator who uses his breadth of experience and creativity to protect his clients' copyrights and trademarks from infringement. He has resolved multiple copyright infringement litigations on behalf of his clients when those works were used without their authorization, collecting substantial sums on their behalf. Andrew also helps his clients monetize and distribute their intellectual property through licensing, joint ventures, sales and related transactions. Many of his cases are at the cutting edge of the Internet and new technologies.

Andrew has also since 2016 served as an adjunct professor of law at Cornell Law School teaching a seminar in copyright litigation in the fall.

In addition, Andrew has for more than twenty-five years served as a mediator in IP cases on behalf of the Southern District Mediation Office and in private mediations.

Further, Andrew has successfully litigated many complex commercial matters, including on behalf of the Government of Ecuador, the Women's Professional Tennis Association and a Channel Islands investment company based in Europe.

He graduated from Cornell University and Cornell Law School and served as president of the Cornell Law Association, the alumni body representing the graduates of that school.

Andrew has also been a leader in national intellectual property organizations. In 2014, he co-founded and then served a two-year term as the inaugural chair of the Intellectual Property Institute. Its 38 members are Fellows of the Litigation Counsel of America, a trial lawyer honorary society, who practice intellectual property litigation in firms across North America. The mission of the Intellectual Property Institute is to promote the peer-to-peer professional development of its members. Andrew also served for many years as trustee and member of the executive committee of the Copyright Society of the U.S.A., and as co-chair of the Copyright Subcommittee of the Intellectual Property Litigation Committee of the ABA's Litigation Section. Andrew was named the most outstanding subcommittee chair of the Intellectual Property Litigation Committee and also won the Outstanding Service Award from the Copyright Society.

He has also lectured on copyright at John Marshall Law School in Chicago, on trademark at the New School and the Zicklin School of Business at Baruch College and on intellectual property protection at the Johnson Graduate School of Management at Cornell. Andrew's peers have selected him each year for the past seven as a New York Super Lawyer in IP litigation.

He frequently writes and speaks about intellectual property topics before bar and industry groups, including the Copyright Society, the PLI Advanced Program on Copyright Law, the Cornell Entrepreneur Network, the American Conference Institute and the Litigation Counsel of America. He is often quoted in the Wall Street Journal and the National Law Journal about IP issues. Andrew writes an IP blog called IP In Brief commenting on trends and transformation in copyright and trademark. He is also a Twitter user; his handle is @IPInBrief.

Over forty years ago Andrew founded the Litigators Club, a group of about twenty lawyers in smaller firms, to meet with judges to discuss matters of common concern regarding litigation in the federal and state courts. The judges from the Second Circuit who have been guests of the Litigators Club include Judges Leval, Livingston Katzmann and Justice Sotomayor, before she joined the Supreme Court. Their most recent guest from the Second Circuit was Judge Sullivan.

Andrew lives in a brownstone in the Cobble Hill section of Brooklyn with his wife, a former federal prosecutor, their youngest son and their hyper-active rescue named Chloe.

  • Ward v. Natl. Geographic Society, 208 F. Supp. 2d 429 (S.D.N.Y. 2002); Faulkner v. Natl. Geographic Society, 294 F.Supp. 2d 523 (S.D.N.Y. 2003); Faulkner v. Natl. Geographic Society, 409 F.3d 26 (2d Cir.), cert den. 126 S.Ct. 833 (2005). These cases involve a CD-ROM product called the Complete National Geographic.
  • Merana v. Prudential Bache, as reported in Cresswell v. Sullivan & Cromwell, 704 F. Supp. 392, 408 (S.D.N.Y. 1989). This was a commodities fraud action against Bache in which the district court disclosed that our client had settled for 93.99% of its losses
  • Bennett v. Gill & Duffus Chemicals, Inc., 699 F. Supp. 454 (S.D.N.Y. 1988). In the first trial, the court determined that an unwritten severance plan was enforceable under ERISA. After the employer then denied severance under the plan, court determined at 2nd trial that defendant's employer-sponsored pension plan's decision to deny severance benefits to terminated employees was arbitrary and capricious even though employees did not suffer any unemployment following sale of employer's division to another company.

College:

  • Cornell University, 1966, BA

Law School:

  • Cornell University, 1969, JD
  • Partner and counsel, Lowenthal, Landau, Fischer & Bring, 1990-1998
  • Counsel, Stecher Jaglom & Prutzman, 1998-2000

Professional:

  • Co-founder and past Chair of the Governing Board of the Intellectual Property Institute
  • Copyright Law Society: Trustee and Member of the Executive Committee 2011 – 2014, Winner Copyright Society Service Award 2011
  • ABA Litigation Section; co-chair of the Copyright Subcommittee of the Intellectual Property Litigation Committee, 2008-2013
  • NY City Bar Association, Copyright Law Committee, 2012 - 2018
  • International Trademark Association, Copyright Committee, 2018- current
  • Founder, Litigators Club

Civic:

  • Brooklyn Heights Synagogue, Member of the Executive Committee and First Vice President, 2010-2012, Secretary 2016 – 2018, Trustee, 2018 - current

Others:

  • Adjunct Professor of Law, Cornell Law School 2016
  • Cornell Law Association, President, 2005 - 2007; Executive Committee, 1999 - 2003
  • Cornell Law School Representative on Cornell University Alumni Trustee Nominations Committee, 2003-2007
  • Cornell Council, 2008 - 2012
  • Adjunct instructor in trial techniques at Hofstra Law School for the National Institute for Trial Advocacy, 1994-2011
  • California and New York
  • United States Supreme Court
  • 2nd Circuit Court of Appeals
  • United States District Court, District of Colorado
  • United States District Court for the Southern District of California
  • United States District Court for the western District of Texas
  • Super Lawyer: New York Metro Super Lawyers 2017 + 2018
  • Super Lawyers in Intellectual Property Litigation: 2006, 2012-2017
  • Fortune's 2012 Top Rated Lawyers Guide to Intellectual Property Law
  • Avenue Magazine's 2012 Legal Elite List
  • American Lawyer & Corporate Counsel's 2012 Top Ranked Intellectual Property Attorneys
  • Outstanding Subcommittee Chair of Intellectual Property Litigation Committee of the ABA's Litigation Section 2011
  • Outstanding Service Award, Copyright Society of the USA 2011
  • Martindale-Hubbell AV Preeminent Rating
LCA1
AV Rating
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