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Nicole Berkowitz

Associate

Nicole Berkowitz focuses her practice on intellectual property and complex commercial litigation.

Featured Experience

Successfully represented national real estate investment trust in arbitration proceedings in which plaintiff had sought more than $75 million in damages for the alleged breach of contract and tortious interference with business relationships.

Obtained injunctive relief and favorable settlement for casual dining franchisor in breach of contract and trademark infringement dispute with former franchisee.

Assisted in achieving favorable settlement of shareholder class action against a corporation's board of directors and officers, in which the plaintiffs alleged breaches of fiduciary duties in connection with multi-billion dollar merger agreement.

Professional Biography

Overview

Ms. Berkowitz has a diverse practice assisting clients in various intellectual property and complex commercial litigation matters. She has substantial experience litigating patent, trademark, and copyright infringement disputes as well as trade secret matters. Ms. Berkowitz has also handled a wide range of commercial litigation matters, including shareholder class actions, franchise litigation, and complex contract disputes.

Ms. Berkowitz is a cabinet member of the Memphis Area Legal Services (MALS) Campaign for Equal Justice.  In this role, she played a large role in coordinating fundraising efforts on behalf of the Young Lawyers Committee. 

Prior to joining Baker Donelson, Ms. Berkowitz clerked for the Honorable Jon Phipps McCalla, U.S. District Court for the Western District of Tennessee.

Representative Matters
  • Successfully represented national real estate investment trust in arbitration proceedings in which plaintiff had sought more than $75 million in damages for the alleged breach of contract and tortious interference with business relationships.

  • Obtained injunctive relief and favorable settlement for casual dining franchisor in breach of contract and trademark infringement dispute with former franchisee.

  • Assisted in achieving favorable settlement of shareholder class action against a corporation's board of directors and officers, in which the plaintiffs alleged breaches of fiduciary duties in connection with multi-billion dollar merger agreement.

  • Represented fast casual restaurant chain against shareholder class action alleging violations of federal securities law in connection with cash-out merger.

  • Successfully petitioned for injunctive relief in trade secret misappropriation case involving customer lists and proprietary financial data.

  • Obtained injunctive relief and favorable settlement for broker-dealer firm in trade secret misappropriation and breach of contract case pending before FINRA.

  • Assisted in achieving favorable settlement in complex litigation alleging violations of the Visual Artists Rights Act and constitutional violations.

  • Assisted in achieving favorable settlement on behalf of national automotive service chain in complex breach of contract matter.

  • Negotiated favorable settlements in trademark infringement disputes on behalf of consumer product manufacturers.

  • Represented trademark owner in federal court action involving trademark infringement claims for products sold on Amazon.

  • Successfully petitioned the Tennessee Court of Appeals to overturn the trial court's denial partial summary judgment in an interpleader/breach of contract dispute.

  • Prevailed on motions to dismiss for lack of personal jurisdiction in two related cases in which plaintiffs sought to impose liability on parent company.

  • Successfully opposed an award of attorney's fees following a disclosure-only settlement in shareholder class action in connection with a multi-billion dollar acquisition.

  • Achieved dismissal of majority of claims and negotiated favorable settlement of suit alleging violations of the Tennessee Litigation Financing Consumer Protection Act against a litigation financier.

  • Successfully moved to dismiss a Fair and Accurate Credit Transactions Act class action for lack of Article III standing.

  • Represented amicus curiae in a landmark Tennessee Supreme Court case involving the statute of limitations in breach of contract actions.

  • Prosecuted and defended numerous trademark opposition actions before the Trademark Trial and Appeal Board.

Professional Honors & Activities
  • Listed in Mid-South Super Lawyers as a Rising Star in IP Law (2019)
  • Co-chair – Memphis Area Legal Services Campaign for Equal Justice, Young Lawyers Committee
  • Associate Member – Leo Bearman Sr. American Inn of Court
  • Dean's Leadership Award – Washington University School of Law (2015)
Publications
Speaking Engagements

Awards

Nicole Berkowitz
Rated by Super Lawyers


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Education

  • Washington University School of Law, J.D., 2015, summa cum laude
    • Washington University Law Review, Managing Editor
  • Vanderbilt University, B.A. in Economics, 2012

Admissions

  • Tennessee, 2016
  • Missouri, 2015
  • United States District Courts for the Eastern, Middle, and Western Districts of Tennessee
  • United States District Court for the Eastern District of Missouri
  • United States Court of Appeals for the Sixth Circuit

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