Other Notable Cases
Bechard v. Broidy [Read more here]
Top Trump fundraiser Elliot Broidy secured a “crushingly one-sided” hush money deal against former mistress Shera Bechard. Ms. Bechard retained Stris & Maher to litigate her suit against her former attorney, Keith Davidson, alleging that he colluded with ex-Trump attorney Michael Cohen to draw up these intentionally unfavorable conditions. Ms. Berkowitz briefed and will argue the appeal of the trial court’s denial of Broidy’s motion to compel arbitration in California state court.
Dollar Gen. Corp. v. Miss. Band of Choctaw Indians [Read more here]
The State of Mississippi retained our firm to prepare and file an amicus brief on a critical question regarding the scope of tribal jurisdiction: whether Indian tribal courts may ever adjudicate civil tort claims in suits against nonmembers. Ms. Berkowitz led the drafting of Our Brief, which was joined by the States of Mississippi, Colorado, North Dakota, New Mexico, Oregon, and Washington and marked the first time that any state had ever supported a finding of tribal jurisdiction in a major case before the Supreme Court. Our side prevailed before an equally divided Court.
Microsoft v. Baker [Read more here]
A putative class of consumers retained our firm as Supreme Court counsel in this design defect case alleging that Microsoft’s popular Xbox360 console scratches game discs during ordinary use. Team SMLLP briefed the U.S. Supreme Court appeal, which presented important questions about class action procedure. Ms. Berkowitz took a lead role in crafting the persuasive narrative of the case. Although the Supreme Court issued an adverse decision, it left the door open to a favorable outcome on remand.
The Energy Conservation Group, LLC, et al. v. Applied Underwriters, Inc., et al.
Berkshire Hathaway subsidiaries offer a patented insurance product designed to circumvent protective state regulations. After a well-known regional business signed up, the insurer increased its premiums by 2900 percent, claiming that the business was liable for the very risks it sought to insure. The company retained Stris & Maher as lead counsel to level the playing field in the ensuing litigation. Ms. Berkowitz led the on-the-ground litigation and negotiated a favorable settlement for ECG.
Ms. Berkowitz served as lead trial counsel to several American companies in a franchise dispute against a major international coffeehouse chain. Ms. Berkowitz and her team won a high six-figure award in arbitration proceedings governed by the Commercial Rules of the American Arbitration Association.