Matthew D. Berkowitz

Partner
Email

matthew.berkowitz@carrmaloney.com

Connect

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Telephone

(202) 310-5541

Fax

(202) 310-5555

Practices
About

Matthew D. Berkowitz is an experienced civil litigator and trial attorney with significant class action experience who represents businesses and professionals in complex disputes. At the trial and appellate levels, he has successfully defended clients in shareholder derivative suits, trademark infringement claims, breach of contract and negligence suits. He also has successfully defended clients accused of violating Federal & State Consumer Protection Acts, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Americans with Disabilities Act.

Matt’s clients include construction companies, auto dealerships, and national restaurant and retail chains in complex tort actions. He also defends attorneys, architects, accountants, and other professionals accused of malpractice. In addition, Matt has defended insurance companies in complex coverage disputes involving toxic tort and environmental cases, and has represented clients in disputes involving medical malpractice, contracts, defamation, employment law, and real property. Furthermore, Matt maintains a Higher Education Law practice and regularly represents accreditation agencies & educational institutions.

Matt clerked for the Hon. Michael W. Farrell of the District of Columbia Court of Appeals. At law school, where he graduated summa cum laude, Matt served as managing editor of the Thomas Jefferson Law Review and was a member of the school’s moot court team.

Matt has been the lead attorney in many reported court decisions.  Examples include:

    • Holloman v. Consumer Portfolio Servs., Inc., No. CV RDB-23-134, 2023 WL 4027036 (D. Md. June 15, 2023).
    • Access Funding, LLC v. Linton, No. 5, SEPT. TERM, 2022, 2022 WL 17348369 (Md. Dec. 1, 2022), opinion modified and superseded on reconsideration, 482 Md. 602, 290 A.3d 112 (2022), as modified on reconsideration (Mar. 16, 2023).
    • Ndambi v. CoreCivic, Inc., 990 F.3d 369 (4th Cir. 2021).
    • Bell v. WestRock CP, LLC, No. 3:17-CV-829, 2019 WL 4482414 (E.D. Va. Sept. 18, 2019).
    • Little v. Wash. Metro. Area Transit Auth., 313 F. Supp. 3d 27 (D.D.C. 2018)
    • Papageorge v. Zucker, 169 A.3d 861 (D.C. 2017)
    • Jacobs v. Experts, Inc., 212 F. Supp. 3d 55 (D.D.C. 2016)
    • Gross v. Wright, 185 F. Supp. 3d 39 (D.D.C. 2016)
    • Fed. Ins. Co. v. Mathews Bros., LLC, Civil Action No. RDB-14-3794, 2015 U.S. Dist. LEXIS 107049 (D. Md. Aug. 14, 2015)Rep. Serv. 2d (Callaghan) 431, 2015 AMC 2189, 2015 WL 4879194
    • SFAHP Mgmt. v. Accreditation Bureau of Health Educ. Sch., Inc., Civil Action No. 1:14cv1344 (AJT/MSN), 2015 U.S. Dist. LEXIS 184310 (E.D. Va. Aug. 21, 2015)
    • Arch Ins. Co. v. Am. Home Assurance Co., 90 Va. Cir. 218 (Cir. Ct. 2015)
    • Steele v. Salb, 93 A.3d 1277 (D.C. 2014)
    • Robertson v. Cartinhour, 867 F. Supp. 2d 37 (D.D.C. 2012)
    • Wag’N Enters., LLC v. United Animal Nations, No. 1:11cv955 (LMB/IDD), 2012 U.S. Dist. LEXIS 65366 (E.D. Va. May 9, 2012)
    • Equal Rights Ctr. v. Niles Bolton Assocs., 602 F.3d 597 (4th Cir. 2010)
Representative Experience
  • Won three-week jury trial in federal court representing a mortgage fields services accused of trespass and property damage.
  • Won multiple arbitrations defending higher education accrediting agencies accused of arbitrarily and capriciously withdrawing institutions’ accreditation.
  • Won motion to compel arbitration and strike class in FDCPA class action lawsuit.
  • Won a six-day jury trial in the District of Columbia representing a commercial building owner and management company. Plaintiff alleged that she suffered significant personal injuries as the result of negligence and code violations.
  • Successfully defended background check companies and Consumer Reporting Agencies in class action lawsuits alleging violations of the Fair Credit Reporting Act.
  • Successfully defended auto dealerships in class action lawsuits that alleged consumer protection violations.
  • Successfully defended a national accreditation company for certain industry professionals in a case with clear liability and significant exposure. Quickly and favorably settled out from under Plaintiff’s counsel prior to class certification, effectively ending the case for sums that equated to a fraction of the claimed damages.
  • Successfully defended a national window manufacturer and supplier in a class action accused of fraud, breach of warranties, and violations of federal and state consumer protection laws.
  • Successfully defended national retailers against claims arising under the Telephone Consumer Protection Act.
  • Successfully defended banking institution in a class action shareholder derivative suit.
  • Successfully defended employers in collective action lawsuits.
  • Won summary judgment and subsequent appeal on behalf of attorney-client accused of negligence and conversion in connection with an underlying settlement.  As a matter of first impression, the D.C. Court of Appeals held an alleged ethics violation does not give rise to a private cause of action.
  • Won summary judgment and subsequent appeal in legal malpractice case where client-attorney was accused of failing to appeal constructive discharge claim.
  • Won summary judgment in the Eastern District of Virginia in case where the plaintiff alleged trademark infringement against the non-profit client business.
  • Won motion to dismiss on behalf of security company accused of negligence in connection with the Navy Yard Shooting.
  • Successfully defended an architect sued for indemnity, contribution, professional negligence, and breach of contract. Court held developer’s claims were preempted under the Fair Housing Act and Americans with Disabilities Act.
  • Successfully defended higher education accreditation agency against claim by school that alleged that the agency improperly withdrew the school’s accreditation.
  • Successfully defended professionals and corporations accused of fraud and RICO violations.
  • Successfully defended construction companies and real estate development companies for claims involving breach of contract, negligence, construction defect, and other claims related to business disputes.
Education

Thomas Jefferson School of Law
J.D., summa cum laude

George Washington University
B.B.A.

Recognition
  • Recognized in Best Lawyers in America in the area of Commercial Litigation, 2024 and Mass Tort Litigation/ Class Actions- Defendants, 2023-2024
  • Recognized on Super Lawyers Rising Star List in 2014-2016 for Civil Litigation-Defense and Class Action/ Mass Torts
  • Selected as America’s Top 100 Civil Defense Litigators 2021- 2022
Publications
Speaking Engagements
  • Speaker on Carr Maloney’s COVID-cast
  • “Leveraging Rule 68 Offers of Judgment in Settlement Negotiations,” Strafford, May 19, 2022
  • “Recent Supreme Court Decisions,” Perrin Class Action Litigation Conference, April 26, 2022
  • “Leveraging Rule 68 Offers of Judgment in Settlement Negotiations,” Lorman Webinar, January 23, 2020
  • “Leveraging Rule 68 Offers of Judgment in Settlement Negotiations,” Lorman Webinar, September 13, 2019
  • “Heightened Scrutiny in Class Action Settlements,” AM Best Insurance Podcast, August 27, 2019
  • “Construction Law- Negotiating Key Contract Terms,” DC Bar, June 20, 2019
  • “Leveraging Rule 68 Offers of Judgment in Settlement Negotiations,” Strafford Webinar, May 29, 2019
  • “The Future of Class Actions,” AM Best Insurance Podcast, April 8, 2019
  • “Best Practices to Protect Against Cyber Attacks and Liability,” 2018 National Association of Professional Background Screeners, October 2018
  • “The Telephone Consumer Protection Act: Recent Developments & Best Practices to Protect Your Business,” DRI Business Litigation Conference, May 2018
  • “Defense Ethical Issues in Class Action Litigation,” Perrin Class Action Conference, May 2017
  • “Supreme Court Update,” Perrin Class Action Conference, May 2017
  • “Construction Law 101: Contractor and Subcontractors,” DC Bar, May 2017
Admissions

States
District of Columbia
Maryland
Pennsylvania
Virginia
West Virginia

U.S. District Courts
District of Columbia
District of Maryland
Eastern District of Pennsylvania
Eastern District of Virginia
Southern District of West Virginia
Western District of Virginia

U.S. Bankruptcy Courts
Eastern District of Virginia

U.S. Court of Appeals
District of Columbia Circuit
Third Circuit
Fourth Circuit
Ninth Circuit

Affiliations
  • Virginia Association of Defense Attorneys
  • President, DC Defense Lawyers’ Association, 2023-2024
  • Maryland State Bar Association
  • Bar Association of Montgomery County