Levine Sullivan Koch & Schulz, LLP
Michael Berry Attorneys
 
Education
University of North Carolina School of Law (J.D., with highest honors, 2000)
Editor in Chief, North Carolina Law Review
Duke University (M.P.P. 2000)
Emory University (B.A., Phi Beta Kappa, 1994)

Memberships & Affiliations
Pennsylvania Freedom of Information Coalition (Founding Member and Vice President)
Pennsylvania Bar Association, Co-Chair, Bar-Press Committee
Philadelphia Bar Association, Bar-News Media Committee
Media Law Resource Center (Co-Chair, MediaLawLetter Committee)
Philadelphia Public Relations Association (past-Chair, Public Affairs Committee)

Honors & Distinctions
Named as a Lawyer on the Fast Track by The Legal Intelligencer and Pennsylvania Law Weekly for being one of the top 35 attorneys in Pennsylvania under the age of 40
Recognized as a Rising Star by Pennsylvania Super Lawyers in the area of First Amendment law

Selected Publications
Pennsylvania’s Right to Know Law Protects The Crooks, Not The People, Pittsburgh Post-Gazette, March 11, 2012
Paterno's Legacy also Includes Being a Lightning Rod for Government Transparency, The Patriot-News, Nov. 20, 2011
Sunshine Act Is Clear, Philadelphia Inquirer, Nov. 2, 2008
Libby’s Legacy: The Conservative Case for a National Shield Law, First Amendment Center Online, Jan. 18, 2008
A Troubling Prosecution: United States v. Rosen Has Its Thorns, National Review Online, Aug. 21, 2006 (with J. Adler)
 
Mike Berry
Mike’s practice focuses on representing news, entertainment, and other media clients in defamation and privacy suits, accessing government and court records, defending reporters who are subpoenaed, and advising clients on newsgathering and other First Amendment matters. He has litigated cases for media clients in federal and state courts throughout the country.

Mike speaks frequently on matters affecting the freedom of the press, and his writings about First Amendment issues have appeared in a variety of publications.

Mike previously served as a law clerk to the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit and worked on Capitol Hill for the late Senator Paul D. Coverdell (R. Ga.). Mike joined LSKS when the firm opened its Philadelphia office in 2005. He previously practiced law at Dechert LLP, where he was a member of the firm’s media law and white collar criminal defense practice groups.

Notable Representations

Kendall v. Daily News Publishing Co.,  --- F.3d ---, 2013 WL 856433 (3d Cir. 2013).
Mike, Michael Sullivan, and Celeste Phillips successfully represented The Virgin Islands Daily News in a defamation suit by a local judge. Following a two-week jury trial, the trial court entered judgment in the newspaper’s favor. The Virgin Islands Supreme Court and the United States Court of Appeals for the Third Circuit subsequently affirmed that decision.

Raintree Homes, Inc. v. Birkbeck (Monroe Cty C.C.P., Pa. Sept. 8, 2011). Mike and Gayle Sproul successfully defended The Pocono Record (a Dow Jones publication) in a defamation trial in which the plaintiffs claimed that the newspaper falsely accused them of selling homes at inflated prices using inflated appraisals, often leading buyers into foreclosure. After a nine-day trial in which the plaintiffs were seeking over $27 million in damages, the jury unanimously decided in under two hours that the articles were true.  The trial court subsequently denied the plaintiffs' motion for a new trial, rejecting each of plaintiffs' post-trial challenges and affirming the jury's verdict.

Cholowsky v. Civiletti, 887 N.Y.S.2d 592 (N.Y. App. Div. 2009). Mike and Dave Schulz successfully represented Times/Review Newspapers in a defamation case arising from its reporting on inaccurate information contained in a permit application. The court dismissed the claims against the newspaper because the reports were fair and accurate summaries of official proceedings, and that ruling was affirmed on appeal.

Anderson v. Suiters, 499 F.3d 1228 (10th Cir. 2007). Mike and Dave Schulz won dismissal of intrusion, publication of private facts, and constitutional invasion of privacy claims brought against an Oklahoma-based television station after a police officer allowed a reporter to copy portions of videotape evidence of a rape that had been provided to police, and the station subsequently broadcast excerpts from the tape in a news report.

  Michael Berry
Partner


mberry@lskslaw.com
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1760 Market Street
Suite 1001
Philadelphia, PA 19103

Phone (215) 988-9773
Fax (215) 988-9750

Bar & Court Admissions
Pennsylvania
New Jersey
New York
U.S. Courts of Appeals for the Third, Fifth, Ninth, and Tenth Circuits
U.S. District Courts for the Eastern and Middle Districts of Pennsylvania, the District of New Jersey, and the Southern District of New York

Recent News
Berry Talks About High-Profile Trials
Federal Court Affirms Directed Verdict In Libel Case
Libel Claim Against Pennsylvania Newspaper Dismissed
 
 
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