Michael Bern represents clients in high-stakes trial and appellate litigation.
Michael leverages his appellate-focused approach to litigation strategy, persuasive oral advocacy, and superior writing and research skills to represent clients in:
He has filed numerous merits and certiorari stage briefs before the US Supreme Court and drafted more than 150 briefs before state and federal appellate courts. Michael also shapes and executes clients’ trial court strategy.
Michael has successfully argued multiple appeals in state and federal court, as well as dispositive and other trial court motions, and has led on many successful challenges to the legality of federal, state, and local government actions, including agency rulemaking.
Michael maintains an active pro bono practice, including work on behalf of veterans, homeless individuals, and people who are incarcerated.
A recognized leader at the firm, Michael has served on the firm’s Recruiting Committee and Training & Career Enhancement (TACE) Committee.
During the 2011-12 term, Michael served as a law clerk to Associate Justice Sonia Sotomayor of the US Supreme Court. From 2008-09, he served as a law clerk to Judge Michael McConnell of the US Court of Appeals for the 10th Circuit.
Before attending law school, Michael worked as a management consultant, primarily advising life sciences clients on portfolio analysis, research and development strategy, marketing strategy, and mergers and integration.
Michael serves on the board of Ingenuity Prep, a charter school in Washington, D.C.
Two Latham teams were recognized for securing an appellate win for XP Power and a defense verdict for International Motors LLC (formerly Navistar).
A Latham team led by partners Michael Bern, Steve Feldman, and Matthew Walch, earned recognition in The American Lawyer’s Litigators of the Week column for their rare reversal in the Second Circuit for client Zesty Paws. The court unanimously vacated a preliminary injunction that had barred Zesty Paws from advertising itself as the “#1 brand” of pet supplements sold in the United States.
Latham litigators recognized for their first-of-its-kind win for Spotify in a dispute over royalty payouts for bundled music service offerings.