Andrew Berger is an experienced litigator. He assists publishers, content creators, distributors, new media companies and advertising agencies when others have used their trademarks and copyrights without permission and also helps his clients monetize their intellectual property through licensing, joint ventures and related transactions. Further, Andrew has extensive commercial trial experience. His clients in complex commercial litigation include the Government of Ecuador, the Women's Professional Tennis Association and a Channel Islands investment company based in Marbella, Spain .

Andrew teaches trial practice at Hofstra Law School . In June 2007 he completed a two-year term as President of the Cornell Law Association, where he also served on the Dean's Advisory Council. The Board of Trustees at Cornell recently elected him to the Cornell Council. Over twenty years ago Andrew founded the Litigators Club, a group of about twenty lawyers from about as many law firms, which meets periodically with federal and state judges to discuss matters of common concern.

Andrew was recognized as a "New York Super Lawyer" in the first listing of top New York attorneys published by Law & Politics in Intellectual Property and Business Litigation. He now serves on the Federal Courts Committee of the City Bar after completing a three-year term on the Copyright Committee. He also serves as co-chair of the Copyright Subcommittee of the Intellectual Property Committee of the Litigation Section of the ABA .   Andrew frequently speaks on intellectual property topics to bar and trade groups, including the ABA Litigation Section and the Practicing Law Institute.

Publications:

• “Statutory Damages in Copyright Litigation,”  reprinted from 81 NYSBA Journal 30 November/December, 2009

• “Is This Legal Alchemy? When a Copy of Another’s Work May Become Transformative for Fair Use Purposes,”  reprinted from 79 BNA Patent, Trademark & Copyright Journal 334 January 22, 2010

• "Statutory Damages in Copyright Litigation: Clearing Up Some Common Misunderstandings,"reprinted from BNA's Patent, Trademark & Copyright Journal, 78 PTCJ 391, July 24, 2009.

• "Copyright Essentials: How to Protect Your Copyrighted Works in an Internet Age,"Seminar outline for Hudson Valley Bank and CUNY Law School, October 23, 2008.

• Avoiding Copyright and Trademark Problems,
  
  
• How to Create Parodies that Satisfy Fair Use Standards,
  
  
• The Benefits of Registration,
  
  
• The Law of Substantial Similarity,
  
  
• The Right of Publicity,
  
  
• Tips You Can Use to Protect Your Copyrights

Presentations: 

• “Hey That Looks Like Mine: When Is Appropriation Art Infringing,” presented to the 2009 National Conference of the Appraisers Association of America on November 8, 2009.

• Contracts from Heaven or Hell-You Choose;presented at the annual meeting of the Association of Medical Illustrators in Bozeman, Montana, July 2007
  

• Rights of Photographers and Visual Artists; presented at an Advanced Seminar on Copyright Law sponsored by Practicing Law Institute, May 2007

• T he Nuts and Bolts of Protecting Your Copyrights; presented at a seminar sponsored by the National Constitution Center, May 2007

• What Litigators Need to Know to Protect Clients in the Internet Age, sponsored by the ABA Litigation Section February 2007
• So Soon After Tasini Another Supreme Court Battle May Loom Over the Reproduction of Freelance Contributions in Electronic Databases; presented at the Copyright Society, 2005

• Copyright Basics; presented to the Annual Meeting of the Association of Medical Illustrators, Los Angeles, 2005

• Protecting Yourself from Copyright Problems; presented to the American Society of Media Photographers, 2004

• Licensing Issues in Copyright; presented at an Editorial Photographers Outreach Program in New York, 2003

• State Civil Procedure Rules Relevant to Federal Court Practice; presented on behalf of the Federal Bar Council to law clerks in the Second Circuit, 2003

• Protecting Your Web Site from Copyright and Trademark Issues;  presented at a Design Management Conference, Montreal, Canada, 2000

Significant Matters:

Ward v. Natl. Geographic Society, 208 F. Supp. 2d 429 (S.D.N.Y. 2002); Faulkner v. Natl. Geographic Society, 294 F.Supp. 2d 523 (S.D.N.Y. 2003); Faulkner v. Natl. Geographic Society, 409 F.3d 26 (2d Cir.), cert den. 126 S.Ct. 833 (2005). These cases involve a CD-ROM product called the Complete National Geographic.

Merana v. Prudential Bache, as reported in Cresswell v. Sullivan & Cromwell, 704 F. Supp. 392, 408 (S.D.N.Y. 1989). This was a commodities fraud action against Bache in which the district court disclosed that our client had settled for 93.99% of its losses.