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Attorney

Peter Berk

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Peter is a skilled advisor, assisting clients to prevent, prepare for and deal with legal issues and litigation that arise in today’s technology driven world.  Among other things, Peter helps clients navigate the uncertain and turbulent waters of the on-line, electronic, and technology world.  Peter counsels clients in ways they can protect themselves from the ever present threats in the on-line jungle through appropriate policies. Peter also steers clients through the potential minefield following internet and technology related incidents including social media emergencies and data breach catastrophes.  And when the unthinkable happens, Peter coordinates the client’s response to address the issues quickly, limit risk, and handle any necessary litigation.

Data Privacy/Data Breach

  • Coordinated a client’s data breach response team after customer information was compromised. Managed the various vendors, and ensured timely notifications of impacted customers and state Attorneys General as required under relevant law. Also analyzed the client’s relevant insurance policies and obtained coverage for the event.
  • Advised a financial services firm regarding whether an event qualified as a data breach under various state laws and developing a response and safeguards against future events.
  • Experience drafting, editing and implementing and training staff on policies and procedures to protect data as well as breach response plans.
  • Knowledgeable with data breach and related laws and regulatory issues.

Social Media

  • Represented physician in litigation over defamatory post by former patient.
  • Helped franchise restaurant respond to a video of a fight at one of the restaurant’s locations resulting in the company successfully (a) locating the account where the video was first posted, (b) removing the video from the person’s social media account as well as all “shares” of the video, and (c) removing the video from other social media locations.
  • Assisted a client to limit the fallout from extraordinary number of postings on a large comment board claiming client was a fraudulent enterprise.
  • Represented clients seeking to enforce trademarks against improper on-line use by competitors and others.
  • Drafted and revised employee and company technology policies and procedures to limit internal and external social media risks and prepare for potential social media incidents.

On-Line/Technology Litigation

  • Represented medical device company in Computer Fraud and Abuse Act claim against prior web developer who illegally gained access to server and held websites hostage.
  • Represented a tour company in trademark and cybersquatting litigation against a long time competitor resulting in a favorable settlement including return of domain names.
  • Successfully obtained dismissal of a defamation claim against a well-known Chicago blogger based on immunity under the federal Communications Decency Act. Peter continued advising the blogger on other lawsuit and publication issues.
  • Represented clients in UDRP actions to obtain return of domain names, and negotiated settlements with cybersquatters

Other Matters

  • Represented an on-line service provider with respect to governmental and private litigant requests for information.
  • Defended a company in litigation over hiring a competitor’s prior employee.
  • Represented a physician in hospital and related proceedings regarding credentialing.
  • Represented majority partner in breach of fiduciary duty and fraud claim against former minority partner relating to sale of partnership assets.
  • Represented minority shareholder in dispute with majority shareholders seeking to oust him from the business.
  • Represented former company CEO against shareholder securities fraud class action, and related breach of fiduciary duty and other claims by company and others.
  • Other matters include landlord tenant issues, trust and estate litigation, employment issues, contract disputes, business dissolution, professional malpractice, copyrights, trademarks and patents.

Education:

  • Northwestern University Pritzker School of Law, J.D., cum laude
    • Business Editor, Journal of International Law & Business
  • University of Michigan, B.A., with high distinction

Admissions:

  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Northern District of Illinois
  • United States District Court for the Northern District of Indiana
  • Admitted to Practice in Illinois
  • Certified USA Hockey Level 4 Hockey Coach
  • 2019-2020 Niles Rangers Coach of the Year
  • Completed numerous Olympic distance triathlons
  • Member of ProVisors
  • Member of the Technology Affinity Group
  • Frequent speaker on Data Security, Social Media and Technology issues

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