Kenneth R. Berman

Kenneth R. Berman is a partner in Nutter’s Litigation Department. He co-chairs the firm’s Business Litigation Practice Group and the firm’s Pro Bono Committee. Ken is a seasoned litigator representing clients in complex business cases, intellectual property disputes, intra-company and intra-family disputes, and real estate and land use litigation.

In addition to his active litigation practice, Ken is a popular author, columnist, and public speaker. He authored the acclaimed American Bar Association book Reinventing Witness Preparation: Unlocking the Secrets to Testimonial Success, which explains the dangers of conventional witness preparation and teaches a transformative approach on how lawyers should work with witnesses to help them achieve a higher level of testimonial performance. Ken writes a regular quarterly column for Litigation, the flagship litigation journal of the American Bar Association. His column, published under the banner “On Reconsideration,” challenges time-honored assumptions and conventional wisdom about litigation tradecraft and legal disputes and suggests solutions to things most lawyers and judges are unaware might need fixing.

In the business litigation arena, Ken’s broad experience covers complex contract, fraud, and unfair trade practices disputes, internal disputes in companies and partnerships, class actions and derivative suits, fiduciary duty claims, insurance coverage disputes, litigation over product integrity issues, non-competition and non-solicitation disputes, litigation over the sale of goods and supply chain issues, and other business disputes.

In the patent infringement, copyright, trademark, and trade secret arena, Ken has represented manufacturers, sellers, and inventors of technologies such as laser scanning devices that create medical images of coronary arteries, explosive detection equipment used in airport security, bone density measurement devices used in the detection of osteoporosis, port-catheter devices used in the intravenous transmission of chemotherapy, proprietary grass seed that produces low maintenance lawns, and plastic cards used to facilitate retail transactions.

In the real estate and land use area, Ken has represented property owners and developers in zoning and subdivision litigation, easement disputes, commercial lease and land purchase disputes, construction litigation, historic preservation litigation, and land title litigation over a wide spectrum of real estate including shopping centers, office towers, condominium and other large multi-family properties, residential and commercial subdivisions, institutional uses, recreational properties, and undeveloped land.

Ken’s work in intra-family disputes includes representing clients in probate court and other courts in disputes over jointly owned property, inherited property, and assets held in trust or family-owned businesses.