Robert Scher Berezin

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Jurisdictions Admitted to Practice

Professional Experience

: Current; L-1 Identity Solutions, Inc. et al. v. LG Electronics, Inc. - Represents L-1 Identity Solutions in a patent, trade secret, and copyright dispute involving iris recognition biometric technology. The dispute also involves complex licensing and antitrust issues.

: Current; Trover Group, Inc. v. Verint Systems, Inc., The Home Depot and Target Corporation - Represents Verint Systems, Inc. in a patent infringement action relating to video surveillance technology.

: Current; PC FGC, Inc. v. LB Renar LPGA, Inc. - Represented Lehman Brothers and its affiliate in an arbitration brought against Lehman for breach of contract and fiduciary duty arising from a commercial real estate development in Florida. After a full evidentiary hearing, Mr. Berezin successfully obtained an award rejecting all of the claims brought against Lehman and granting it attorney’s fees, expenses and costs incurred in the matter.

: Current; Risko v. First Aviation Services, et al, (Cal. Sup. Ct.) - Represented First Aviation Services and related parties at trial in an action for $40 million brought against them for breach of contract, fraud, wrongful termination and violation of California unfair trade statutes. The jury returned a defense verdict in favor of First Aviation on all counts (including the fraud counts) and awarded Plaintiff $200,000 on a single compensation claim.

: Current; In re Humana, Inc. Managed Care Multi-District Litigation, No. 1334 - Represented United Health Group in a consolidated, multi-district class action brought by plaintiffs’ lawyers on behalf of nearly all practicing physicians in the United States alleging civil RICO, ERISA and other violations of law. The suits alleged that managed care companies intentionally breached their promises, delayed, reduced or denied payments for covered services rendered to their subscribers and otherwise acted improperly. Mr. Berezin managed a large-scale deposition, document and data discovery process and handled a variety of trial and joint defense efforts on behalf of United Health Group. Mr. Berezin obtained summary judgment, dismissing all claims against United three months prior to trial.

: Current; Levy v. American Airlines, Inc; Frazer v. American Airlines, Inc. - Represented American Airlines in purported class actions brought by ex-employees of TWA. Mr. Berezin obtained summary judgment rulings dismissing all claims in these purported class actions. These rulings were affirmed on appeal.

: Current; Official Committee of Retirees of TWA v. American Airlines, Inc. - Represented American in action seeking $70 million in health and welfare benefits under breach of contract theory. All claims against American were withdrawn after litigation in Delaware Bankruptcy Court.

: Current; American Airlines, Inc. v. MBNA - Represented American Airlines in a $40 million litigation. American claimed that MBNA owed TWA approximately $17 million, a receivable which American purchased in the TWA bankruptcy. MBNA countersued for tortious interference in a case that involved complicated bankruptcy and tort legal and factual issues. Mr. Berezin successfully obtained a partial dismissal of MBNA’s claims, see In re Trans World Airlines Inc., 275 B.R. 712, 723 (Bankr. D. Del. 2002), and, after fact and expert discovery, the matter was favorably resolved.

: Current; American Airlines, Inc. v. Icahn - Represented American Airlines, Inc. in the successful defense of tortious interference claims asserted by Carl Icahn arising out of American’s 2001 acquisition of TWA. Icahn sought damages totaling hundreds of millions of dollars and an injunction that could have resulted in the loss by American of billions of dollars in revenues. American filed a declaratory judgment action seeking a determination that Icahn’s threatened tortious interference claims were groundless as a matter of law, followed by a motion to dismiss the claims. American’s motion to dismiss was granted by the trial court in a decision upheld on appeal by the New York Appellate Division.

: Current; US Electronics v. BellSouth - Represented US Electronics, Inc., a distributor of BellSouth telephony in the United States and abroad, in a dispute with BellSouth Corporation in a half billion dollar breach of contract and antitrust dispute. BellSouth moved to dismiss the case on the grounds of Georgia non-competition law, citing several seemingly controlling decisions. Mr. Berezin formulated the response to the motion, which was successful and broke new ground under Georgia law. Mr. Berezin then formulated and implemented a successful litigation and trial strategy that resulted in a highly favorable settlement of the case.

: Current; In re Trans World Airlines, Inc., No. 01-00056 (PJW) - Represented American Airlines, Inc. in connection with its bankruptcy acquisition of the assets of Trans World Airlines, Inc. During the course of TWA’s bankruptcy, American faced opposition on several fronts, including from Continental Airlines, the Unsecured Creditors Committee and a competing group of bidders led by financier Carl Icahn. Mr. Berezin obtained sixteen favorable judicial decisions issued by the United States Bankruptcy and District Courts, as well by the Third Circuit Court of Appeals.

: Current; Block Drug v. Schwarz Pharma - Represented Block Drug in arbitration involving complex claims arising from the sale of a business. The matter was settled favorably for Block Drug.

: Current; Zing v. Wal-Mart - Represented Wal-Mart in intellectual property dispute.

: Current; GE Capital Corp. v. Kaufman, et al. - Represented GECC in significant lender liability suit involving a multi-hundred million dollar construction loan and sale leaseback facility. GECC was alleged to have acted in bad faith over an extended period of time. This action settled favorably.

Education