Peter Berk

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-Author, “Exercise Caution in Corporate Transparency Act Compliance Matters,” (March 21, 2024)

Presentations

• 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)