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Michael D. Berman

Michael D. Berman

Partner

2002 Clipper Park Road, Suite 108
Baltimore, Maryland 21211

    Michael D. Berman is the Chair of the firm’s Electronically Stored Information (ESI) practice. He joined the firm after serving for seven years as the Deputy Chief of Litigation at the Maryland Attorney General’s Office, where he handled complex litigation in federal and state trial and appellate courts, including allegations of wrongful death and excessive force against police officers and the successful defense of Maryland’s electronic voting system. Mr. Berman also serves as an Adjunct Professor at both the University of Baltimore and University of Maryland schools of law.

    Previously, he was with Tydings & Rosenberg, LLC, and Kaplan, Heyman, Greenberg, Engelman & Belgrad, P.A. Mr. Berman recently chaired a committee that drafted the proposed ESI Principles of the United States District Court for the District of Maryland, and has been a Co-Chair of the ABA Section of Litigation Book Publishing Board, Chair of the MSBA Litigation Section Council, Co-Chair of the Federal District Court Liaison Committee, a member of the Editorial Advisory Board of the Maryland State Bar Association Journal, and an Associate Editor of the ABA publication, Litigation News.

    In addition to his multiple achievements in the legal field, he served as a Captain in the United States Army, where he earned awards including the Army Commendation Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Expert Infantry Badge, and Airborne (Paratrooper) Badge.

    Notable Representations

    • State Center, LLC v. Lexington Charles Ltd. P’shp., 438 Md. 451 (2014)
    • The Town of La Plata v. Faison-Rosewick, LLC, 434 Md. 496 (2013)
    • Canvan v. Maryland State Board of Elections, 430 Md. 533 (2013) (summary affirmance of validity of Gaming Expansion Act referendum)
    • Citizens Against Slots at the Mall v. PPE Casino Resorts Maryland, LLC, 429 Md. 176 (2012)
    • AFCO Credit Corp. v. Maryland Insurance Administration, 198 Md.App. 218 (2011)
    • Anne Arundel County Taxpayers Association, Inc. v. Anne Arundel County Board of Elections, et al., 415 Md. 433 (2010) (summary affirmance by per curiam order)
    • Laurel Racing Association, Inc. v. Video Lottery Facility Commission, 409 Md. 445 (2009)
    • Hufnagel, et al. v. State Board of Elections, 1534 (Md. Ct. Sp. Apls. 2007) (unpublished)
    • Schade v. Maryland State Board of Elections, 401 Md. 1 (2007)
    • Banner v. U.S., 303 F. Supp. 2d 1 (D.D.C. 1004), aff’d, 428 F.3d 303 (D.C. Cir. 2005), denied, 547 U.S. 1143 (2006)
    • Board of Elections v. Capozzi, 396 Md. 53 (2006)
    • Liddy v. Lamone, 398 Md. 233 (2006)
    • Green Party v. Maryland Board of Elections, 377 Md. 127 (2003), subsequent opinion, 165 Md. App. 113 (2005), cert. denied, 390 Md. 501 (2006)
    • Schisler v. State, 394 Md. 519 (2006)
    • Ross v. State Board of Elections, 387 Md. 649 (2005)
    • Waterman v. Batton, 294 F. Supp. 2d 109 (D. Md. 2003), rev’d, 393 F.2d 471 (4th Cir. 2005)
    • Suessman v. Lamone, 383 Md. 697 (2004)
    • CLUB v. Baltimore City Board of Elections, 377 Md.183 (2003)
    • Seipp v. Baltimore City Board of Elections, 377 Md. 362 (2003)
    • Bldg. & Constr. Trades Department AFL-CIO v. Allbaugh, 172 F. Supp. 2d 67 (D.D.C. 2001), subsequent opinion, 172 F. Supp. 2d 138 (D.D.C. 2001)
    • Rouse-Teachers Properties, Inc. v. Maryland Cas. Co., 358 Md. 575 (2000)
    • Harbor Ct. Association. v. Kiewit Construction Co., 6 F. Supp. 2d 449 (D. Md. 1998)
    • Country of North America v. Security Management Corporation, 72 F.3d 127, 1995 WL 729492 (4th Cir. 1995) (unpublished)
    • Davis v. State, 100 Md. App. 369 (1994) (amicus curiae)
    • Sipes v. BMZA, et al., 99 Md. App. 78 (1994)
    • Telesaver, Inc. v. U.S.T.S., 687 F. Supp. 997 (D. Md. 1988), aff’d, 923 F.2d 849 (4th Cir. 1991), denied, 502 U.S. 812 (1991)
    • Kelson v. Spin Publications, Inc., 1988 WL 52192 (D. Md. 1988) (unpublished)
    • KKK v. Thurmont, 700 F. Supp. 281 (D. Md. 1988)
    • O. Jennings Construction Company v. Sierra Leone, 1988 WL 75748 (D. Md. 1988) (unpublished)
    • Ullah v. Canion Shipping Company, 589 F. Supp. 552 (D. Md. 1984), aff’d, 755 F. 2d 1116 (4th Cir. 1985)
    • T.C. v. Toshiba Corporation, 576 F. Supp. 312 (D. Md. 1983)
    • Viscount Construction Company v. DESCO, Inc., 68 Md. App. 362 (1980)

    PLEASE BE AWARE THAT EACH CASE IS DIFFERENT AND THE PAST RECORD IS NO ASSURANCE OF FAVORABLE RESULTS IN ANY FUTURE CASE.

    Publications

    Presentations

    • Adjunct Professor on Electronically Stored Information for the University of Baltimore School of Law.
    • Adjunct Professor on Electronic Discovery and Evidence for the University of Maryland School of Law.
    • Coach for the Georgetown Electronic Discovery Training Academy (2016)
    • Speaker on“Social Media,” before the Maryland State Bar Association Young Lawyers Section (2016)
    • Speaker on “Electronically Stored Information – What Lawyers Need to Know,” before the Maryland State Bar Association Family Law Section (2016)
    • Panelist on “Unplugged Will Leave You Cached Out – Defragging Your Law Practice” at the Maryland State Bar Convention (2016)
    • Speaker on Recent Amendments to the Federal Rules of Civil Procedure before the Bar Association of Montgomery County (2016)
    • Presenter on “Professionalism and ESI”  before the Maryland Professionalism Center, Inc. (2015)
    • Presenter on “Everything You Don’t Know About E-Discovery (But Wish You Did)” for the National Business Institute (2014).
    • Presenter on “Information Governance” at the Major League Baseball Interim Meeting in Orlando, Florida  (2013)
    • Presenter on “Offensive and Defensive Use of ESI,” Montgomery County Bar Association (2013)
    • Presenter for the Judicial Institute of Maryland on “The Spoliation Doctrine in Maryland” (2014)
    • Presenter for the Judicial Institute of Maryland on “Electronic Evidence” (2013)
    • Presenter for Webinar by Law.com and Access Data on “Data Governance and e-Discovery: Flip Sides of the Same Coin” (2012)
    • Presenter on “Managing Ethical Landmines in Electronically Stored Information” for the National Disability Rights Network, Training & Advocacy Support Center, Annual Conference (2012)
    • Panelist at the Access Data  Users’ Conference in Las Vegas, Nevada on the topic of “Data Governance and e-Discovery: Flip Sides of the Same Coin” (2012)
    • Presenter at the Stevenson University on “Forensic Symposium: eDiscovery – Digital Hide and Seek” (2012)
    • Presenter on “The Relevance and Risks of Evidence and E-Discovery for Everyday Practice”(2011)
    • Presenter before the Maryland Judicial Institute (2011)
    • Presenter on “2011 IQPC eDiscovery for Government” before IQPC in Washington, D.C. (2011)
    • Panelist for the State Capital Group ESI Program in Charlotte, North Carolina (2011)
    • Presenter at The Computer Forensics Show (2011)
    • Presenter on “Creating Privilege Logs for Financial Institution Litigation” at the 4th Annual eDiscovery for Financial Services by the International Quality & Productivity Center in New York (2011)
    • Presenter on “ESI For All: Selected Hot Issues for Litigators and Non-Litigators Alike” at the National Asian Pacific American Bar Association (NAPABA) Southeast Regional Conference (2011)
    • Presenter at the Bar Association of Montgomery County’s 116th Annual Meeting & Law Day Celebration (2010)
    • Presenter on “Navigating Computer Usage and Records Management Policies” on The Computer Forensics Show (2010)
    • Presenter on “The Sedona Conference Cooperation Proclamation,” and “Overview of Admissibility of ESI,” before the Federal Bar Association, Maryland Chapter (2010)
    • Moderator for the Federal Bar Association Maryland Chapter’s  “Electronically Stored Information: A to Z,”(2009)
    • Presenter on “Electronic Evidence” Judicial Institute of Maryland in Annapolis, Maryland (2009)
    • Panelist for the E-discovery program at the Maryland State Bar Association’s Annual Meeting (2009)
    • Keynote Speaker at the CT Summation Best Practices Summit in Washington, D.C. (2008)
    • Moderator for the Maryland State Bar Association’s Litigation Section Council Regional Meeting Panel Discussion on “ESI and the Maryland Rules” (2008)
    • Panelist on “Mastering the Discovery Process for the General Counsel” for Incisive Media in New York (2008)
    • Panelist at the Transportation Research Board 46th Annual Workshop, part of the National Research Council, operating under the National Academy of Science (2006, 2008)
    • Participant in“Best Practices for Complex E-Discovery Matters” by LexisNexis Applied Discovery (2008)
    • Participant in the University of Baltimore ESI Symposium (2008)
    • Presenter at the 5th eDiscovery Workshop by the International Quality & Productivity Center in Las Vegas, Nevada (2008)
    • Presenter on ESI Seminar for the Maryland Disability Law Center (2008)
    • Presenter on “Rule 26(g) Comes Out of the Shadows” for the CT Summation Webinar (2008)
    • Presenter before the State & Local Government Law Institute, MICPEL (2008)
    • Presenter on “The New Ethics of Discovery” for the CT Summation Webinar (2008)
    • Presenter on “Traps for the Unwary” before the New York Office of the Attorney General (2008)
    • Panelist on “Discovering Electronic Discovery” for the Baltimore City Law Department (2007)
    • Panelist on Trial Expert Webinar for LexisNexis Discovery Services (2007)
    • Moderator for the MICPEL Federal Rules Update (2000)

    Bar Admissions

    • Maryland (1980)
    • Washington, D.C. (1987)
    • U.S. District Court for the District of Maryland (1981)
    • U.S. Court of Appeals for the Fourth Circuit (1981)
    • U.S. Supreme Court (1985)

    Education

    Mr. Berman received a Juris Doctor from University of Maryland School of Law, where he was Order of the Coif and awarded the Bernstein Prize. He also received a master’s degree from the University of Maryland and a bachelor’s degree from the University of Wisconsin.

    Government Service

    • Deputy Chief of Litigation for the Civil Division of the Office of the Attorney General of Maryland
    • United States Army