Mr. Berwish has extensive experience as a practicing lawyer with an interdisciplinary background. He has conducted complex litigation in various federal and state and courts, both at the trial and appellate levels, for a wide variety of disputes arising from commercial contracts, investment transactions, corporate governance (such as shareholder disputes), real estate transactions, and claims related to trademarks and copyrights. Mr. Berwish is admitted to practice in New York, Pennsylvania and Massachusetts.
Mr. Berwish has litigated a case of first impression in U.S. District Court for the Southern District of New York, seeking injunctive relief and litigating claims of unfair competition to prevent duplication and sale of unlicensed copies of client’s films, most admittedly in the public domain, where client owned all theatrical rights and original negatives with a clear chain of title thereto.
Mr. Berwish successfully litigated franchise territorial dispute against franchisor in U.S. District Court for Massachusetts. Territorial dispute generated separate related state court actions against encroachment and against the franchisee owners advertising cooperative.
Mr. Berwish successfully litigated cases involving wrongful termination of franchise, wrongful termination of employment, applicability of UFOC, defending against temporary restraining order sought by employer-franchisor.
Mr. Berwish also has an active appellate practice. He successfully argued First Circuit Court of Appeals Brief against U.S. Government appeal of District Court dismissal of criminal tax evasion charges, prior to trial, unprecedented on speedy trial grounds.
Mr. Berwish served as EVP and general counse to a major automatic company and managed the company’s corporate governance, compliance, SEC and state filings, risk management, coordinated outside counsel in USA, Canada and Mexico, negotiated and drafted major agreements. Mr. Berwish worked as in-house corporate counsel for various start-up companies on acquisition of capital, licensing, as well as supervising outside litigation team.
Mr. Berwish is also active in serving his local and professional community.