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Peter Berk

Senior Attorney

Peter Berk 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.

Peter represents clients in defense of class actions and disputes in a variety of areas.  In the technology space, Peter has handled disputes and litigation involving data breaches, privacy torts, on-line infringement, cybersquatting, defamation, state Consumer Fraud Act claims, and violations of the Computer Fraud and Abuse Act and Stored Communications Act, amongst others.  He has also defended platform clients against government and other subpoenas seeking user information. Peter has litigated various disputes, including class actions, in both federal and state courts and has experience representing clients in a number of industry sectors including technology, software, insurance, marketing, retail, food and beverage, medical, and media.

Peter also helps clients navigate the uncertain and turbulent waters of the online, electronic, and technology world. He counsels clients on ways to protect themselves from the ever-present threats in the online jungle through appropriate policies. Peter steers clients through the potential minefield following internet and technology-related incidents including social media emergencies and data breach catastrophes. When the unthinkable happens, Peter coordinates the client’s response to address the issues quickly, limit risk, and handle any necessary litigation.


J.D., cum laude, Northwestern University Pritzker School of Law, Chicago, Illinois
B.A., University of Michigan, Michigan

State Bar Licenses


Court Admissions

U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, Federal Circuit
U.S. District Ct., N.D. of Illinois
U.S. District Ct., N.D. of Indiana

Cyber/Technology Litigation and Disputes

  • Obtained dismissal of claims against a digital advertising company in a putative class action under Michigan’s Preservation of Personal Privacy Act.
  • Defended a client in a TCPA putative class action and obtained dismissal of the case.
  • Defended an on-line platform against various governmental and private subpoenas and requests for information seeking user information.
  • Represented a medical device company in Computer Fraud and Abuse Act claim against a former employee.
  • Represented a tour company in trademark and cybersquatting litigation against a long-time competitor.
  • Obtained dismissal of a defamation claim against a well-known Chicago blogger based on immunity under the Federal Communications Decency Act.
  • Represented various clients seeking recovery for business email compromise scams.
  • Represent individuals for invasion of privacy and similar claims, including those victimized by on-line extortion schemes.

Other Litigation

  • Defended a company in litigation over hiring a competitor’s prior employees.
  • Represented a technology company in enforcing a restrictive covenant against a former high-level employee that went to work for a direct competitor.
  • Represented a majority partner in breach of fiduciary duty and fraud claim against former a minority partner relating to sale of partnership assets.
  • Represented a former CEO against shareholder securities fraud class action, and related breach of fiduciary duty and other claims by the company and others.
  • Represented insurance companies in class actions relating to alleged illegal market practices.
  • Represented a software company in a consumer fraud and warranty class action.

Data Privacy/Data Breach

  • Advised various companies regarding, and drafted documents to comply with, the Illinois Biometric Information Privacy Act.
  • Advised a market research company on privacy and technology policies and contractual issues.
  • Handled a data breach investigation and response for a professional services company with potentially impacted individuals in the United States and other countries, including coordinating the investigation and  notification of individuals and federal and state authorities.
  • Advised a technology-focused company on contractual and related data privacy and security issues in the United States and Canada.
  • Coordinated a manufacturing client’s data breach response after customer information was compromised, including identifying a vendor potentially at fault, analyzing the client’s insurance policies, and counseling regarding notification requirements for impacted customers and state Attorneys General.
  • Advise clients regarding whether security incidents qualify as a data breach under state laws and develop responses to mitigate costs.
  • Work with clients to draft, implement and train staff on policies and procedures to protect data as well as breach response plans.

Social Media

  • Advised various companies being harmed by impersonation social media accounts.
  • Represented a food and beverage company to regain control of social media account from a rogue marketing contractor.
  • Counseled a franchise restaurant in responding to, and obtained takedown of, a video of a fight at one of the restaurant’s locations.
  • Advised a dental practice regarding a false social media review.
  • Draft and revise company policies and procedures to limit internal and external social media risks and prepare for potential social media incidents.

Articles & Alerts


  • Co-Presenter, “Artificial Intelligence: Litigation, Compliance, and Risk Management” (January 2024)
  • Co-Presenter, “Data Privacy and Legal Ethics” (October 2023)
  • Panelist, “Emerging Impacts of Dobbs on Employers, Employee Benefits and Healthcare,” ABA Joint Committee on Employee Benefits (May 2023)
  • Panelist, “Technology and Attorney Advertising: Ethical and Legal Landmines,” ABA-TIPS Committee Section Conference (May 2023)
  • Presenter, “Ethical Obligations and Cybersecurity Responsibilities for Law Firms,” BobaGuard and Embroker (March 2023)
  • Presenter, “Unsocial Media – NetChoice v. Paxton and other Content Moderation Challenges,” Chicago Bar Association Media and Entertainment Law Committee (November 2022)
  • Presenter, “Breaches, Scams, Hacks and Ransomware: The Last Line of Defense” (July 2021)
  • Presenter, “Avoiding the Nightmare: Protecting Yourself and Your Business From Data Breaches and Scams” (May 2021)
  • Co-presenter, “Data Security While Working From Home” (January 2021)
  • Co-presenter, “They Took My Stuff!: Enforcing and Recovering for Trade Secret Misappropriation” (October 2020)
  • Presenter, “Data Breach: Where Are We, And Where Are We Going?” (October 2019)
  • Presenter, “Lunch and Learn: Social Media and Online Issues” (February 2019)
  • Presenter, “Breaches, Scams, Hacks and Ransoms: What’s a Small or Midsized Business to Do?” (June 2018)
  • Co-presenter, “Ethical Concerns – Social Media & the Practice of Law” (November 2017)
  • Presenter, “Social Media and Electronic Communications,” A presentation to a youth sports organization about the risks and rules regarding social media and youth athletes (August 2017)
  • Presenter, “S*ants, R*dsk*ns, and Other Slurs: The Future of the “Disparagement” Limitation on Trademarks,” Chicago Bar Association Media and Entertainment Law Committee, (February 2017)
  • Presenter, “Practical Data Privacy and Security Considerations for Business,” (February 2016)
  • Presenter, “Takedown Shakedown: Recent DMCA Issues and Suggestions,” Chicago Bar Association Media and Entertainment Law Committee (October 2015)