Michael Bern represents clients in high-stakes trial and appellate litigation.

Mr. Bern leverages his appellate-focused approach to litigation strategy, persuasive oral advocacy, and trial and post-trial support to represent clients in:

  • Complex disputes across a wide range of substantive legal areas, including First Amendment and other constitutional issues, administrative law, trade secrets, securities, aviation, insurance, and real estate
  • Appellate matters at all levels of state and federal courts
  • Class action defense

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. Mr. Bern also shapes and executes clients’ trial court strategy.

Mr. Bern has successfully argued numerous 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.  He also routinely supports clients at and after trial, in preparation for appeal.

Mr. Bern 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, Mr. Bern has served on the firm’s Recruiting Committee and Training & Career Enhancement (TACE) Committee.

During the 2011-12 term, Mr. Bern 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, Mr. Bern worked as a management consultant, primarily advising life sciences clients on portfolio analysis, research and development strategy, marketing strategy, and mergers and integration.

Mr. Bern serves on the board of Ingenuity Prep, a charter school in Washington, D.C. 

Bar Qualification

  • District of Columbia
  • Maryland

Education

  • JD, Harvard Law School, 2008
    magna cum laude
  • AB, Dartmouth College, 2001
    cum laude
Blurry vision of the sun reflected in the glass skyscraper.
October 10, 2025 Recognition

Litigators of the Week Runners-Up and Shout Outs — Zesty Paws

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.