Matthew D. Berkowitz
Matthew D. Berkowitz is an experienced civil litigator with significant class action experience who represents businesses and professionals in complex disputes. At the trial and appellate levels, he has successfully defended clients in shareholder derivative suits, trademark infringement claims, breach of contract and negligence suits. He also has successfully defended clients accused of violating Federal & State Consumer Protection Acts, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Americans with Disabilities Act.
Matt’s clients include construction companies, auto dealerships, and national restaurant and retail chains in complex tort actions. He also defends attorneys, architects, accountants, and other professionals accused of malpractice. In addition, Matt has defended insurance companies in complex coverage disputes involving toxic tort and environmental cases, and has represented clients in disputes involving medical malpractice, contracts, defamation, employment law, and real property. Furthermore, Matt maintains a Higher Education Law practice and regularly represents accrediting agencies & educational institutions.
Matt clerked for the Hon. Michael W. Farrell of the District of Columbia Court of Appeals. At law school, where he graduated summa cum laude, Matt served as managing editor of the Thomas Jefferson Law Review and was a member of the school’s moot court team.
- Equal Rights Center v. Niles Bolton Associates, 602 F.3d 597 (4th Cir. 2010), cert. denied, Archstone Multifamily Series I Trust v. Niles Bolton Associates, Inc., 131 S. Ct. 504 (U.S. 2010)—successfully defended an architect sued for indemnity, contribution, professional negligence, and breach of contract. Court held developer’s claims were preempted under the Fair Housing Act and Americans with Disabilities Act.
- Wag’N Enterprises, LLC v. United Animal Nations, 2012 WL 1633410 (E.D. Va. May 9, 2012)—successfully defended a nonprofit accused of trademark infringement.
- Robertson v. Cartinhour, 867 F. Supp. 2d. 37 (D.D.C. 2012), aff’d by, 553 Fed. Appx. 1 (D.C. Cir. 2014), cert. denied, Clevenger v. Cartinhour, 135 S. Ct. 138 (U.S. 2014)—successfully defended attorney accused of civil RICO violations, defamation, and fraud.
- Steele v. Salb, 93 A.3d 1277 (D.C. 2014)— won on summary judgment and on appeal in legal malpractice case where client-attorney was accused of failing to appeal constructive discharge claim.
- “Heightened Scrutiny in Class Action Settlements,” AM Best Insurance Podcast, August 27, 2019
- “Construction Law- Negotiating Key Contract Terms,” DC Bar, June 20, 2019
- “Leveraging Rule 68 Offers of Judgement in Settlement Negotiations,” Strafford Webinar, May 29, 2019
- “The Future of Class Action,” AM Best Insurance Podcast, April 8, 2019
- Editor, Carr Maloney’s The Class Action Blog
- Co-author, “Recent Department of Education Regulations May Result In Increased Litigation Against For-Profit Higher Education Institutions“, Carr Maloney’s Legally Speaking: Volume XXXIII, November 2016
- Co-author, “‘Avoid Significant Exposure, and Attorney’s Fees – Using Rule 68 Offers of Judgment to End Class Actions Early and Quickly“, DRI’s In-House Defense Quarterly, July 7, 2016
- Co-author, “Can You Be Liable For Legal Malpractice To Nonclients?”, Law360, April 1, 2015.
- Co-author, “Keep Interests in Mind in Court,” Business Insurance, October 11, 2010.
- “Application of the ‘Frequency, Proximity, and Regularity’ Test of Causation to Non-Products Claims for Asbestos-Related Personal Injuries,” Mealey’s Litigation Report: Asbestos, March 17, 2010.
- Co-author, “Employment Practices Liability Insurance and the Perfect Storm,” Current Developments in Insurance Law 2010, December 28, 2009.
Outside The Office
Matt is an avid hockey and baseball fan. When not working hard on a client’s case, he can often be found at a stadium or arena, or playing pick-up hockey. Matt also has been known to play a practical joke or two.