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Lee E. Berlik
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Lee E. Berlik
BerlikLaw, LLC
11710 Plaza America Drive
Suite 120
Reston, VA 20190
Phone: (703) 722-0588 | Fax: (888) 772-0161
http://www.berliklaw.com
Results-Oriented, Highly Rated Business Lawyer
Legal Topic
Business Law
Preferred New Clients
Small business owners, entrepreneurs, individuals, corporations, and Limited Liability Companies (LLCs).
Sub-Categories
Business Law
- Mediation/Alternative Dispute Resolution (ADR)
- Commercial Banks & Loans
- Commercial Leasing
- Mortgages & Foreclosures
- Business Successions
- Closely Held Businesses
- Corporations
- Directors' & Officers' Liability
- Limited Liability Companies (LLCs)
- Nonprofits & Tax-Exempt Corporations
- Partnerships
- Professional Corporations
- Shareholders' Rights
- Trade Associations
- Breach of Contract
- Contract Disputes
- Contract Drafting & Review
- Employment Contracts
- Franchises
- International Transactions
- Lemon Law
- Non-Compete Contracts
- Secured Transactions
- Uniform Commercial Code
- Warranties
- Commercial Construction Contracts
- Construction Defects
- Construction Disputes
- Dangerous Property
- Government Construction Contracts
- Mechanics' Liens
- Art
- Communication & Media
- Gaming
- Internet
- Music
- Sports
- Tourism, Travel, & Leisure
- Film
- Literary Arts
- Publishing
- Television
- Federal Contracts
- Government Construction Contracts
- State & Municipal Contracts
- Annuities
- Bad Faith
- Casualty Insurance
- Commercial Insurance
- Directors' & Officers' Liability
- Errors & Omissions
- Health Insurance
- Insurance Malpractice
- Insurance Subrogation
- Life Insurance
- Motor Vehicle Insurance
- Property Insurance
- Reinsurance
- Computer Crimes
- Computer Law
- Digital Signatures
- Domain Names
- Electronic Commerce
- Identity Theft
- Spam
- Credit Report Problems
- Debt Collection/Relief/Harassment
- Foreclosures
- Frauds, Scams, Hoaxes
- Identity Theft
- Repossessions
- Student Loans
- Truth in Lending
Legal Topic
Employment & Labor Relations
Preferred New Clients
Small business owners, entrepreneurs, individuals, corporations, and Limited Liability Companies (LLCs).
Sub-Categories
Employment & Labor Relations
- Workers' Compensation
- Mediation/Alternative Dispute Resolution (ADR)
- Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights
- Affirmative Action
- Age Discrimination
- Americans With Disabilities Act (ADA)
- Compensation, Benefits, & Pensions
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Disability Discrimination
- Discipline/Suspension
- Emotional Distress
- Employee Rights
- Employment Contracts
- Fair Credit Reporting Act (FCRA)
- Fair Labor Standards Act (FLSA)
- Family Medical Leave Act (FMLA)
- Government Employees
- Occupational Safety & Health Act (OSHA)
- Older Workers Benefit Protection Act (OWBPA)
- Personal Responsibility & Work Opportunity Reconciliation Act (PRWORA)
- Pregnancy Discrimination Act (PDA)
- Race Discrimination
- Section 1981 of the Civil Rights Act of 1866
- Severance Packages
- Sex Discrimination
- Sexual Harassment
- Termination
- Wage & Hour Laws
- Worker Adjustment & Retraining Notification (WARN) Act
- Wrongful Termination
- Affirmative Action
- Age Discrimination
- Americans With Disabilities Act (ADA)
- Compensation, Benefits, & Pensions
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Disability Discrimination
- Discipline/Suspension
- Emotional Distress
- Employee Retirement Income Security Act (ERISA)
- Employee Rights
- Employment Contracts
- Fair Credit Reporting Act (FCRA)
- Fair Labor Standards Act (FLSA)
- Family Medical Leave Act (FMLA)
- Government Employees
- Occupational Safety & Health Act (OSHA)
- Older Workers Benefit Protection Act (OWBPA)
- Pregnancy Discrimination Act (PDA)
- Race Discrimination
- Racial Harassment
- Section 1981 of the Civil Rights Act of 1866
- Severance Packages
- Sex Discrimination
- Sexual Harassment
- Termination
- Uniformed Services Employment & Reemployment Rights Act
- Wage & Hour Laws
- Worker Adjustment & Retraining Notification (WARN) Act
- Wrongful Termination
Bar Admissions
VA, Apr 1996
Bar Number: 39609
DC, Jun 1998
Bar Number: 458370
Other Court Admissions
Virginia Supreme Court, District of Columbia Court of Appeals, United States District Court of the Eastern District of Virginia, United States District Court of the Western District of Virginia, United States Bankruptcy Court of the Eastern District of Virginia, United States Court of Appeals for the Fourth Circuit, and United States Supreme Court.
Association Memberships
American Bar Association, Fairfax Bar Association, Loudoun County Bar Association, Virginia State Bar and District of Columbia Bar.
Continuing Education
I keep my skills sharp by taking at least 12 hours of Continuing Legal Education courses every year, at least two of which focus on ethics and professionalism. I have taught legal writing in the past and am considering offering a seminar on the subject for other lawyers.
Papers and Publications
Published works include The Virginia Business Litigation Lawyer Blog, the Employment Law update for the Annual Review of Developments in Business & Corporate Litigation (2006), and "ABA Proposal Muddies Pretrial Publicity Waters" National Law Journal, August 15, 1994, of which I was a co-author.
Example Cases
1. Won $1.1 million jury verdict on behalf of web-hosting company against the world's largest management-software company, which had breached letter of intent to hire client for various web hosting services. Survived subsequent motion for judgment notwithstanding the verdict.
2. In the "rocket docket" of the Eastern District of Virginia, successfully obtained a temporary restraining order (TRO) and preliminary injunction under the Anticybersquatting Consumer Protection Act on behalf of prominent media company. Successfully enjoined threatened termination of company's website and obtained order directing transfer of domain names and registrar account to client.
Education
Degree:
Juris Doctor
School:
American University, Washington College of Law
City:
Washington
State:
DC
Year:
1995
Honors:
Cum Laude, Highest Grade in Class, International and Comparative Antitrust, Highest Grade in Class, Legal Writing, Reasoning, and Research (at Valparaiso University).
Focus and Accomplishments:
Note and Comment Editor, The American University Journal of International Law and Policy, Dean's Fellow in Civil Procedure, Finalist, Moot Court Competition (at Valparaiso University).
Degree:
Bachelor of Science
School:
Rochester Institute of Technology
City:
Rochester
State:
NY
Year:
1992
Honors:
High Honors, Top 5% of Class; First-Place, Annual Forensics Competition, 1990 and 1992.
Focus and Accomplishments:
Major: Professional and Technical Communication, President, Professional and Technical Communications Student Organization.
Number of Attorneys
1
State Licensed In
Virginia and Washington, D.C.
Firm Focus and History
BerlikLaw, a leader in innovative, win-win billing arrangements, focuses its practice on keeping its clients out of legal trouble and helping them resolve lawsuits expeditiously, economically and efficiently.
Throughout my nearly 15 year legal career, I have represented small and large technology companies, banks, and other businesses in dispute-resolution proceedings and litigation at locations around the country. In early 2009, I decided to form BerlikLaw so that I could offer my clients increased responsiveness, greater value and flexibility, more predictable fees, and better service.
Previous Employment Summary
Prior to forming BerlikLaw, I spent most of my career working with powerhouse law firms like Troutman Sanders (an international law firm of over 750 attorneys) and Mintz Levin (a 500 lawyer firm based in Boston, Massachusetts).
Activities and Awards
• Rated "Excellent" by Martindale-Hubbell since 2008
• Rated "Superb" (9.2 out of 10) by Avvo.com
• Outstanding Alumnus Award issued by Rochester Institute of Technology (2002)
• Outstanding Newsletter Award issued by American Bar Association (2002) (for work done with Section of Litigation's Pretrial Practice and Discovery Committee's Quarterly Newsletter)
• Coach, Loudoun Soccer (formerly Loudoun Youth Soccer Association), 2006-2008
• Sponsor, Washington and Old Dominion Trail
• Appeared two times on CNN's "The Larry King Show" to discuss the O.J. Simpson trial
What is your opinion regarding clients educating themselves on legal issues?
While the rates at BerlikLaw are very reasonable, sometimes hiring an attorney is not the most cost-effective way of solving a legal dispute. I routinely advise individuals on whether a particular legal matter could best be handled without my professional assistance (e.g., using resources such as Nolo and FindLaw to become educated about the law in the relevant area). When I accept representation of a client, I ensure that they understand the law and the proposed strategy at every step along the way.
Are you willing to review documents prepared by clients?
To the extent there are tasks, in the course of a legal representation, that can be performed by the individual client without the assistance of the attorney, I encourage my clients to perform such tasks so that legal fees can be minimized. Professional legal review can always be performed after the documents are prepared.
Are you willing to coach clients who want to represent themselves?
In most cases, I am willing to coach clients. However, for ethical reasons, the coaching will not involve the drafting of papers to be filed with any court.
Why did you decide to be a lawyer?
I believe in justice and in holding companies and individuals accountable for their wrongful actions. Also, I like to win arguments.
What work experience and education helps you be a better lawyer?
I am a better lawyer for having lived all over the world, experiencing the cultures of the people of the Netherlands, Singapore, and England. A broad "world view" is often beneficial when negotiating with people from different backgrounds.
Why did you decide on your primary area of practice?
The focus of my practice is on the efficient resolution of business disputes, including intellectual property litigation, commercial litigation, employment matters, and contract disputes. I chose these areas mostly for the intellectual rigors and challenge, but also because, as an entrepreneur myself, I want to see Northern Virginia businesses succeed.
What do you like best about your career?
First and foremost, I like to win. It feels especially good to help the powerless against the powerful in a meritorious case. It is also satisfying when my job requires that I become an expert in a field I previously knew little about. I enjoy having the power to cure injustice.
Tell us about your law firm:
BerlikLaw is regarded as a firm that wins cases. Clients rely on the firm for advice in matters ranging from pre-litigation strategies to advice with respect to when and how to try cases. The firm is primarily known for its business litigation and employment law practices, which cover a wide range of legal problems such as breach of contract, intellectual property protection, employment matters, defamation, trade secret misappropriation, tortious interference with business relationships, civil conspiracy, non-compete agreements, and many other issues of concern to business of all sizes and industries.
What are your strengths and style?
The firm's philosophy is to give clients sound, reliable legal advice, regardless of whether that advice amounts to "good news" for the client. For example, the firm typically advises against litigation when court proceedings would not be consistent with helping the client achieve their business objectives at a minimum of expense. When the firm does undertake litigation, the firm approaches every case as though it will be tried rather than settled, despite the fact that most cases do, in fact, settle. In our view, early trial preparation leads to better results whether at the settlement table or in court, and sends a message to the adversary that the outcome of the case will be guided only by sound business considerations. The firm also believes in giving clients accurate fee estimates and in keeping clients informed of all case progress. I take a practical, client-focused approach to my cases; I discourage useless motions practice and unfocused discovery tactics. Instead, the emphasis is on quality over quantity: getting results for our clients as quickly and cost-effectively as possible.
Personal Interests:
Photography, digital photo editing, computers and technology, biking along the Washington & Old Dominion Trail, skiing, tennis, and spending time with my wife and three children.
Fax
(888) 772-0161
Office Hours
Monday through Friday
8:00 a.m. to 6:00 p.m.
Emergency After Hours
Yes
Foreign Languages
Dutch and Chinese.
Additional Offices
Washington, DC
1250 Connecticut Avenue, N.W.
Suite 200
Washington, DC 20036
(202) 449-8555
Dulles, VA
Loudoun Tech Center
21351 Ridgetop Circle
Suite 300
Dulles, VA 20166
(703) 722-0670
Fixed-Price Services and Fees
Yes. While most cases are billed on an hourly basis, the firm is very flexible when it comes to "alternative" billing arrangements, including blended rates, volume discounts, flat fees, contingency fees, capped fees, safety valves, success fees, and more. Fee arrangements depend on the nature of the case and a variety of other factors.
Hourly Rates
$300 ($275 for new clients who mention Nolo).
Free Initial Consultation?
Yes, in personal injury cases. For other matters, while there is no charge for the initial telephone interview, there is a $150 charge for the first office consultation, up to one hour.
Typical Retainer
The amount of the "retainer" (i.e., advanced legal fees) depends on a variety of factors. For smaller matters, a retainer of $2,500 is usually sufficient. On the opposite end of the spectrum (for example, an emergency TRO hearing on behalf of a corporation seeking to enjoin threatened disclosure of valuable trade secrets to a competitor), a $10,000 retainer would be more typical. The amount of the retainer is often negotiable and is determined on a case-by-case basis.
Nolo's Licensing Check
Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.
Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.
