Matthew D. Berkowitz

About Matthew D. Berkowitz

Matthew D. Berkowitz is an experienced civil litigator with significant class action experience who represents businesses and professionals in complex disputes. At the trial and appellate levels, he has successfully defended clients in shareholder derivative suits, trademark infringement claims, and breach of contract and negligence suits. He also has successfully defended clients accused of violating Federal & State Consumer Protection Acts, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Americans with Disabilities Act.

Mr. Berkowitz regularly authors articles and lectures about emerging and significant class action topics. Most recently Mr. Berkowitz has taken part of AM Best’s podcast discussing the future of class action. In 2018, he authored an article in the NAPBS Journal discussing “How to Protect Yourself From A Cyber Attack.” He also spoke on the topic at NAPBS’ Annual Conference. In 2016 and 2017, he co-authored two ethics articles for the Defense Research Institute (“DRI”): Defense Ethical Issues in Class Action Litigation (2016) and Navigating Ethical Issues in Class Actions: A Defense Perspective. He also served as faculty for DRI’s 2017 Class Action Conference where he gave the ethics presentation. He possesses substantial knowledge and practical experience concerning the ethics rules that are unique to class actions and applicable to both the plaintiff and defense bars.

Mr. Berkowitz co-authored Avoid Significant Exposure, and Attorneys’ Fees: Using Rule 68 Offers of Judgment to End Class Actions Early and Quickly, 11 No. 3 In-House Def. Q. 38 (2016). He also presented at the Perrin Class Action Conference in 2017 and lectured about recent Supreme Court decisions and how these decisions will affect class action litigation and plaintiffs and defendants moving forward.

Mr. Berkowitz’s clients include construction companies, auto dealerships, and national restaurant and retail chains in complex tort actions. He also defends attorneys, architects, accountants, and other professionals accused of malpractice. In addition, he has defended insurance companies in complex coverage disputes involving toxic tort and environmental cases, and has represented clients in disputes involving medical malpractice, contracts, defamation, employment law, and real property. Furthermore, he maintains a Higher Education Law practice and regularly represents accrediting agencies & educational institutions.

Take Me Out To The Ball Game

Attorneys Matthew D. Berkowitz and Brian O’Shea discuss the many class action lawsuits that have the potential to arise out of professional sports during COVID-19. Both the NFL and MLB are planning to reopen soon in certain states and with that comes many legal concerns they need to consider. Many class actions will come out of this with exposure to the players and stadium workers as well as employment issues. Matt and Brian discuss the defenses that these teams can take as they head into their seasons.

By Matthew D. Berkowitz and Brian O’Shea|2020-05-23T13:28:07-04:00May 22nd, 2020|Practice Areas: Podcast|Topics: COVID-19, Podcast|

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Nursing Homes Facing Potential Wave of COVID-19 Class Action Lawsuits

As the COVID-19 crisis continues to grip communities across the United States, the virus has had a particularly tragic impact on the elderly. Significantly more Americans over the age of 65 have died of COVID-19 than those in any other age group. Nursing homes, as a result, have become ground zero for the spread of, and the fight against, the virus. Both nursing home residents and employees are likely to continue to bear the brunt of this crisis as the virus continues to spread to communities around the country.

Recently, the first wave in a likely mushroom […]

By Matthew D. Berkowitz and Brian O’Shea|2020-05-21T11:49:52-04:00May 21st, 2020|Practice Areas: Class Action|Topics: COVID-19, Nursing Homes|

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Reopening The Workplace During COVID-19

Following up on COVID-cast’s first episode, “Navigating The Class Action Legal Landscape During COVID-19” where attorney’s Matthew D. Berkowitz and Brian O’Shea dove into existing lawsuits and potential lawsuits filed by employees against employers.

In this episode, they discuss important things for essential and non-essential business to keep in mind as they start to reopen like PPE, following CDC guidelines, monitoring how many employees are in the workplace, and if considering if work from home is a viable option in the months ahead.

By Matthew D. Berkowitz and Brian O’Shea|2020-05-15T14:16:25-04:00May 15th, 2020|Practice Areas: Class Action, Labor & Employment, Podcast|Topics: Podcast|

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Navigating The Class Action Legal Landscape During COVID-19

As we gear up to enter back into our new normal, industries of all types will be facing legal issues due to COVID-19 related claims. During this pandemic, grocers and essential businesses are facing class action lawsuits in spite of attempting to mitigate the risk. Employees and shoppers are filing against retailers and grocers alleging that employers took inadequate steps to protect employees and shoppers from COVID-19.

Matt Berkowitz and Brian O’Shea discuss many types of scenarios and positions that the defense and plaintiff might take during a class action lawsuit due to COVID-19 exposure.

By Matthew D. Berkowitz and Brian O’Shea|2020-06-16T17:17:35-04:00May 8th, 2020|Practice Areas: Class Action, Consumer Protection, Labor & Employment, Podcast|Topics: Podcast|

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The Coronavirus and Employee Benefits: Another Opportunity For Class Action Litigation

With the Coronavirus outbreak not letting up, businesses of all sizes face new regulations as federal and state legislation has evolved to provide employees with additional benefits and protections.

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The legislation requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. And, the FFCRA requires companies with less than 500 employees to provide up to 80 hours of sick leave pay to certain eligible employees.

Additionally, states passed similar bills providing paid employee […]

By Matthew D. Berkowitz and Maxwell Bernas|2020-04-28T12:35:15-04:00April 28th, 2020|Practice Areas: Class Action, Labor & Employment|Topics: COVID-19, FFCRA|

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COVID-19 Brings New Demands to Essential Retailers and Grocers to Avoid Potential Class Action Lawsuits

Recently, District of Columbia Mayor Muriel Bowser issued an executive order requiring all customers entering Washington DC grocery stores, foodbanks, and convenience stores to wear masks or protective face coverings when entering. The legislation, aimed at stopping the spread of Coronavirus also requires grocery store limit the amount of people within a store and provide additional self-checkout lanes.

Similarly, many Washington DC area grocery stores have taken additional measures to protect their employees during the coronavirus, including installing glass partitions at check-out counters, increasing the availability of self check-out lanes and permitting employees to wear personal protective […]

By Matthew D. Berkowitz and Maxwell Bernas|2020-04-15T11:16:00-04:00April 15th, 2020|Practice Areas: Class Action, Labor & Employment|Topics: COVID-19, Workers' Compensation|

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Essential Businesses Face Potential Class Action Exposure From Employees Over Coronavirus Crisis

Due to the ongoing coronavirus crisis, state and local governments across the country have ordered almost all businesses to close. Tens of millions of employees in all fifty states have had to adapt to a new reality of working from home. But this new reality is not the reality for every business. Many “essential” businesses, including certain manufacturers and retailers, providers of emergency services, grocery stores, and sanitation companies, have continued their operations during the crisis. Their employees are expected to report to work.

Just because a business qualifies as “essential,” however, does not mean that business […]

By Matthew D. Berkowitz and Brian O’Shea|2020-04-09T09:42:32-04:00April 2nd, 2020|Practice Areas: Class Action|Topics: COVID-19, Exposure, Liability|

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Steps to Protect Your Business From a COVID-19 Cyber-Attack

In light of COVID-19 and the world’s current climate, it is more important than ever to take additional precautions against cyber-attacks and data breaches. As more and more employees are working from home, the number of cyber-attacks and data breaches, along with the potential class action lawsuits, have significantly increased over the last several weeks. Many of these cyber-attacks have come through phishing emails, which result in the compromise of the user’s account and computer. The following are few red-flags that businesses and employees should be aware of to guard against an attack and a likely […]

By Matthew D. Berkowitz and Haben Yemane|2020-04-09T09:43:01-04:00April 1st, 2020|Practice Areas: Cybersecurity & Privacy|Topics: Best Practices, Cybersecurity, Data Breach|

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DC Court of Appeals Refuses to Impose Strict Liability Under the TCPA

In a significant decision regarding the applicability of the Telephone Consumer Protection Act of 1991 (“TCPA”), the D.C. Court of Appeals recently held that the TCPA does not impose strict liability on a person or entity whose goods or services are advertised in an unsolicited fax. Instead, the Court ruled that the Act may impose vicarious liability on a person or entity on whose behalf unsolicited fax ads were sent, regardless as to who actually sent the faxes.

In FDS Rest., Inc. v. All Plumbing, Inc., No. 16-CV-1009, 2020 D.C. App. LEXIS 111 (Mar. 26, 2020), FDS […]

By Matthew D. Berkowitz and Gabriela Chambi|2020-04-09T09:44:10-04:00March 31st, 2020|Practice Areas: Class Action|Topics: Class Certification, Telephone Consumer Protection Act|

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Plaintiffs Quickly Filing Class Actions Over COVID-19

As we all know, the world has been dominated by COVID-19 for the last several weeks and tens of thousands of people have already been infected with the virus in the United States. We have seen drastic changes in the economy and our daily lives. We have also seen the first wave of class action lawsuits filed against businesses in connection with COVID-19. Plaintiffs are alleging that businesses misrepresented their products and services with respect to protecting individuals from illness and that businesses negligently exposed individuals to COVID-19. The following are just a few of such […]

By Matthew D. Berkowitz and Brian O’Shea|2020-04-09T09:44:35-04:00March 26th, 2020|Practice Areas: Class Action|Topics: COVID-19, Misleading claims|

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Free Speech and the TCPA: How an Upcoming Supreme Court Decision May Affect the TCPA and Impact Businesses

On January 10, 2020, the Supreme Court agreed to review a Fourth Circuit decision challenging the constitutionality of an exemption to the Telephone Consumer Protection Act of 1991 (the “TCPA”). See Barr v. American Ass’n of Political Consultants, No. 19-631.

The TCPA was enacted in 1991 in response to unwanted, automated phone calls that affect many Americans on a daily basis. The TCPA broadly prohibits telephone solicitation through the use of “automatic telephone dialing systems.” See 47 U.S.C. § 227. However, in response to the rapid technological advancements since 1991, Congress has curtailed the provisions of the […]

By Samantha Lewis and Matthew D. Berkowitz|2020-05-08T14:26:37-04:00February 24th, 2020|Practice Areas: Class Action|Topics: SCOTUS, Telephone Consumer Protection Act|

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Federal Court Decertifies FCRA Class Action for Lack of Standing Under Spokeo

On October 18, 2019, a federal judge in the United States District Court for the Central District of California decertified a class of approximately 6.5 million Wal-Mart job applicants, ruling that the plaintiffs failed to satisfy Article III standing requirements under Spokeo v. Robins. The Supreme Court in Spokeo reiterated that a statutory violation by itself and without a concrete injury is insufficient to confer Article III standing.

In Pitre v. Wal-Mart Stores, Inc., a class of plaintiffs alleged that Wal-Mart violated the Fair Credit Reporting Act by failing to provide job applicants with required and sufficient […]

By Matthew D. Berkowitz|2019-11-26T13:20:52-05:00October 22nd, 2019|Practice Areas: General|Topics: Class Certification, FCRA|

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