Barry H. Berke

Barry H. Berke


Gibson, Dunn & Crutcher LLP

Recognized since 2007

New York, New York

Practice Areas

Bet-the-Company Litigation

Commercial Litigation

Criminal Defense: White-Collar

Litigation - Securities

Lawyer of the Year Badge - 2025 - Criminal Defense: White-Collar
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Lawyer of the Year Badge - 2025 - Criminal Defense: White-Collar Lawyer of the Year Badge - 2024 - Bet-the-Company Litigation Lawyer of the Year Badge - 2019 - Criminal Defense: White-Collar
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Barry H. Berke, Co-chair of the Litigation department, is a nationally recognized trial lawyer who represents officers, directors, professionals and corporations in sensitive and high-profile investigations and proceedings. Mr. Berke has handled major matters on behalf of his clients involving all aspects of white collar crime, including allegations of securities fraud, accounting and bank fraud, RICO and FCPA violations, tax offenses, bribery, bid rigging, and embezzlement. Mr. Berke also has represented prominent corporations in class action and other complex commercial litigation. Some of his notable representations include securing the acquittal of a Deutsche Bank investment professional, and the deferred prosecution of another, in a criminal case that the government described as its largest tax shelter prosecution; successfully representing former SAC Capital Fund Advisors fund manager Michael Steinberg in a prominent insider-trading case that was ultimately dropped by U.S. prosecutors; and winning summary judgment for client JPMorgan Chase in a lawsuit brought by Bank of America, relating to CDOs in the wake of the financial crisis. Mr. Berke is currently defending Jerome Valcke, the Secretary-General of FIFA, in connection with investigations by the U.S. Department of Justice and Swiss authorities.

Mr. Berke is co-author of the textbook The Practice of Federal Criminal Law: Prosecution and Defense, published by Thomson/West’s American Casebook Series. He has taught courses on criminal law and professional responsibility at New York University School of Law, and lectures frequently on criminal justice issues in a variety of forums.

Mr. Berke is a member of the firm’s governing executive committee. In addition to his leadership roles within the firm, Mr. Berke serves as Chairman of the board of directors of the Coalition for the Homeless and Chairman of the board of directors of the Federal Defenders of New York Inc. He was also appointed by New York City Mayor Bill de Blasio as his designee on the Lincoln Center board of directors, and is a member of the board of advisors of the Mayor’s Fund to Advance New York City.

Prior to joining Kramer Levin, Mr. Berke was a trial lawyer with the Federal Defenders office for the Southern District of New York for four years. During that time, he defended individuals accused of a wide range of federal offenses, serving as lead counsel in numerous jury trials and achieving favorable verdicts in a large majority of those cases.

Location
  • 200 Park Avenue
    New York, NY 10166-0193
Education
  • Harvard University, J.D., graduated 1989
  • Duke University, BA, graduated 1986
Bar Admissions
  • New York, State of New York Bar
Affiliations
  • American College of Trial Lawyers - Fellow
  • Coalition for the Homeless - Chairman, Board of Directors

Lawyer of the Year Badge - 2025 - Criminal Defense: White-Collar Lawyer of the Year Badge - 2024 - Bet-the-Company Litigation Lawyer of the Year Badge - 2019 - Criminal Defense: White-Collar
Named "Lawyer of the Year" by Best Lawyers® for:
  • Criminal Defense: White-Collar, New York City (2025)
  • Bet-the-Company Litigation, New York City (2024)
  • Criminal Defense: White-Collar, New York City (2019)
Recognized in The Best Lawyers in America® 2025 for work in:
  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Litigation - Securities
Special Focus:
  • Litigation
Awards:
  • Am Law Litigation Daily "Litigator of the Week" (April 23, 2015; May 27, 2011)
  • The American Lawyer’s “Young Litigators Fab Fifty” (2007)
  • Euromoney Institutional Investor PLC’s Benchmark Litigation (2009-2016)
  • Chambers and Partners’ Chambers Global (2011-2016)
  • Chambers and Partners’ Chambers USA (2008-2016)
  • Law360’s 2011 Most Valuable Player list -Lawdragon 500 Leading Lawyers in America (2013-2015)

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Publications

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