Sean Berkowitz, Global Chair of the Complex Commercial Litigation Practice, represents clients in complex litigation and regulatory investigations.

Mr. Berkowitz is a nationally recognized trial lawyer who regularly advises Fortune 500 companies and individual executives on their most important litigation matters in courts and venues throughout the United States. He also advises clients on government and regulatory investigations, and develops strategies to resolve those matters short of litigation.

He has an established track record of successfully resolving cases at trial or before trial in a variety of subject areas, including:

  • Securities fraud
  • Antitrust
  • Deceptive business practices
  • Complex commercial litigation

Mr. Berkowitz is a Fellow in the American College of Trial Lawyers and has successfully tried more than 30 cases to verdict. His successful representation of Gary Winemaster, the former CEO and founder of Power Solutions International, Inc., in a criminal, four-week bench trial against the DOJ in the Northern District of Illinois in 2021 earned Mr. Berkowitz an Impact Case Award by Benchmark Litigation. The Legal 500 US recognizes Mr. Berkowitz as a Leading Lawyer for General Commercial Disputes, and Chambers USA ranks him Band 1 in three separate categories: General Commercial, Securities, and White Collar Crime & Government Investigations. Clients describe him as “a brilliant attorney” and “top flight trial lawyer” who “brings a wealth of experience” and is “impressive in both the courtroom and boardroom.” Mr. Berkowitz was named a 2022 Law360 MVP for Trials. He was included in the 2019-2022 editions of Lawdragon 500, an annual list of leading lawyers in America, and was named a Lawdragon Legend in 2022, a recognition earned by only 20 lawyers nationwide this year. In addition to being named a Top 100 Trial Lawyer in the 2021-2023 editions of Benchmark Litigation, a White Collar Crime/Investigations Litigator of the Year in 2022, and a Litigation Star in 2020-2023, Mr. Berkowitz is recognized by Best Lawyer for Bet-the-Company Litigation and Criminal Defense: White-Collar, and was named “Lawyer of the Year” for Bet-the-Company Litigation in 2022.

Prior to joining Latham & Watkins, Mr. Berkowitz served in several federal government positions including as:

  • Deputy Chief of the General Crimes Section for the United States Attorney’s office in the Northern District of Illinois
  • Director of the special task force created to investigate the Enron corporate scandal, and lead prosecutor in the criminal case against Kenneth Lay and Jeffrey Skilling

Leadership

Mr. Berkowitz recently completed a five-year term as Global Chair of the firm’s Litigation & Trial Department. He is the former Illinois Chair of the American College of Trial Lawyers and is a past president of the Chicago Inn of Court. He serves on the boards of the Chicago Area Project and A Better Chicago, an innovative non-profit organization that invests in and supports a portfolio of educational charities.

A sampling of Mr. Berkowitz’s extensive experience includes representing:

Securities fraud

  • Manouch Moshayedi, the former Chairman and CEO of sTec, Inc., in one of the largest insider trading actions brought by the Securities and Exchange Commission (SEC); the jury returned a complete defense verdict
  • Oracle Corporation and individually named officers in a federal securities fraud and insider trading class action; the court granted summary judgment in favor of the clients a month before trial
  • Baxter and individually named officers in federal securities class action (N.D. IL)
  • WMS and individually named officers in federal securities class action, where the court dismissed the complaint (N.D. IL)
  • General Electric Corporation and individually named officers in a federal securities fraud matter (S.D.N.Y.)

Deceptive business practices

  • Live Nation in a putative class action alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, obtaining dismissal of the complaint; dismissal was subsequently affirmed by the Seventh Circuit

Antitrust

  • Lundbeck Pharmaceutical Company in a successful multi-week antitrust trial against the Federal Trade Commission (FTC); the verdict was subsequently affirmed on appeal

Complex commercial litigation

  • General Electric Corporation in multiple jurisdictions around the country in cases seeking billions of dollars in damages for alleged participation in a civil conspiracy arising out of Ponzi scheme   
     

Bar Qualification

  • Illinois

Education

  • JD, Harvard Law School, 1992
    cum laude
  • BA, Tulane University, 1989
    summa cum laude (Valedictorian)
Business people in conference with associates
October 31, 2022Recognition

Crisis Management and Government Oversight—Finalist

Firm honored for regularly delivering results that dramatically reduce our clients’ financial exposure, prevent or navigate through potentially debilitating litigation, and manage possibly brand-destroying public discourse.

Gittings Global - NE83984
October 3, 2022Recognition

MVP: Latham's Sean Berkowitz

Global Chair of the Complex Commercial Litigation Practice honored for winning multiple high-profile criminal trials against the US Government.