LAWYER
Alan D. Berkowitz
Senior Counsel | Philadelphia
Alan D. Berkowitz

Alan D. Berkowitz, is a senior counsel in Dechert’s U.S. labor and employment practice. Mr. Berkowitz is experienced in advising companies on all aspects of the employment relationship, providing advice on traditional labor matters arising under the National Labor Relations Act, and in handling labor arbitration proceedings in a wide variety of industries.

Mr. Berkowitz also represents employers in a wide range of employment litigation disputes including cases alleging discrimination, breach of contract, employment torts, non-compete violations, ERISA litigation, and wage and hour violations. He has extensive experience in federal and state court in both class action and individual litigation.

In 2017, Mr. Berkowitz was elected by The College of Labor and Employment Lawyers as a new Fellow. Election as a Fellow represents recognition for sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence.

Mr. Berkowitz has also been ranked in Chambers USA’s Band 1 for his labor practice in Pennsylvania and praised for his “excellent knowledge of the law,” and “common-sense business approach to legal matters.” Clients and peers have noted that Mr. Berkowitz is "great for strategizing, focusing on the issue and coming up with solutions," also commenting that he is “intellectually impressive and exceptionally talented” with an “enormous wealth of substantive knowledge” and “wonderfully balanced judgment.” The publication also praised his ability to “get to the finish line in a way that is economic and pragmatic.” Mr. Berkowitz has also been recognized regularly for labor and employment management and litigation in The Best Lawyers in America since 2007. Recently, he was named the Best Lawyers 2015 Labor "Lawyer of the Year" in Philadelphia.

Mr. Berkowitz has authored a treatise on Pennsylvania Employment Law published by West Publishing Co. He has also co-authored two books, titled The Landrum-Griffin Act: Twenty Years of Federal Protection of Union Members’ Rights and The NLRB and Secondary Boycotts.

Mr. Berkowitz was also recently recognized by Lawdragon's 2021 and 2022 editions as one of "The 500 Leading U.S. Corporate Employment Lawyers" in America. 

  • Currently representing a leading publicly traded food manufacturer in a collective and class action alleging unlawful “off the clock work” under the Fair Labor Standards Act and state law.
  • Currently representing a leading container manufacturer in a class action under the California Labor Code and the California Labor Code Private Attorneys General Act (PAGA) asserting claims based on alleged “time shaving” and failure to provide meal and rest breaks under California law.
  • Represented a leading private investment firm in a weeklong arbitration hearing before a panel of three arbitrators against claims of unequal pay, sexual harassment and sex discrimination brought under federal, state and local laws.  The matter involved extensive electronic discovery and the exchange of numerous expert reports by both sides.   A settlement was reached before the arbitration hearing was closed. 
  • Represented a processor and distributor of freeze-dried fruits and vegetables in class action wage and hour suit filed in California state court involving over 1,500 employees.  The court granted a motion filed by the defendant to have the class action allegations dismissed based on several arbitration agreements entered into by the class action representative that required arbitration on an individual basis.  Following this ruling, the parties agreed to mediate the dispute and a settlement was reached that was approved by the court.
  • Represented a leading global pharmaceutical company in a number of significant ERISA and benefits litigation matters, ultimately settling the cases on favorable terms and limiting the potential impact of those cases on future matters.
  • Providing ongoing advice to a global asset management firm on matters including the investigation and defense of discrimination claims, workforce redundancies and the drafting of non-compete and arbitration agreements.
  • Represented Iron Hill Brewery in a class/collective action affecting approximately 1,300 servers and bartenders who claimed that they were part of a tip pool that improperly included expediters. Following initial discovery and a mediation, a settlement was reached. The federal court in Philadelphia approved the settlement as fair, reasonable, and adequate following notice to the class and an opportunity to be heard.
  • Represented Fox Television Stations in a highly publicized reverse-race discrimination case to a successful jury verdict. The case was brought by a former white television anchor whose contract was not renewed after he used the “n-word” at work in a meeting and in subsequent discussions. The former anchor claimed that he was subject to a double-standard and treated less favorably than black employees, a claim that the jury rejected.
  • Represented a company in an evidentiary injunction hearing in Iowa state court following its hiring of a new chief executive officer. The executive’s former employer filed suit claiming that the executive was in violation of certain post-restrictive covenants and that Dechert’s client had interfered with those contractual obligations. Although the court granted the former employer some injunctive relief, it rejected its primary claim that the executive was precluding from working as the client’s new chief executive officer.
  • Represented MWI Veterinary Supply in a suit that it filed against two former executives in federal court in Idaho alleging that these executives engaged in competitive activities, related party transactions, and other wrongful acts.  After a preliminary injunction hearing, the Court granted MWI equitable relief against the executives.  The matter was then settled while on appeal to the Ninth Circuit.
  • Represented Caliber Home Loans in a suit filed in Pennsylvania state court alleging that it had improperly hired a large number of employees from a competitor. After the court denied the plaintiff’s request for injunctive relief, the matter was settled.
  • Represented a partner of an investment management firm in connection with his highly contentious departure from that firm, followed by the formation of a new investment firm. Other employees left with this partner raising additional legal issues and complexities.
  • Represented a leading building technology company in a putative class and collective action filed in federal court in New York alleging that the company had failed to pay prevailing wages required by New York State law. The court denied class action treatment and the matter was settled on an individual basis.
  • Conducted an internal investigation commissioned by the audit committee of a publicly-traded company. The investigation related to the conduct of high-level executives of the company.
  • 2019 Philadelphia Spring Labor and Employment Seminar — Philadelphia, PA (May 1, 2019)
  • Private Funds Nuts and Bolts: Arbitration of Workplace Disputes in the Investment Management Industry (March 15, 2019)
  • 2018 New York Fall Labor and Employment Seminar — New York, NY (October 31, 2018) 
  • 2018 Philadelphia Fall Labor and Employment Seminar — Philadelphia, PA (October 24, 2018)
  • Hedge Funds Nuts and Bolts: Employment Issues in the Asset Management Industries (June 13, 2018)
  • Employment Issues in the Asset Management and Industry Seminar — Boston, MA (May 10, 2018)
  • Employment Issues in the Asset Management and Industry Seminar— New York, NY (May 8, 2018)
Services
    • Cornell University, B.S., School of Industrial and Labor Relations, 1977
    • University of Pennsylvania Law School, J.D., 1980, summa cum laude, Special Honors for graduating first in class, member of the Law Review
    • Pennsylvania
    • Supreme Court of Pennsylvania
    • Supreme Court of the United States
    • United States Court of Appeals for the District of Columbia Circuit
    • United States Court of Appeals for the First Circuit
    • United States Court of Appeals for the Second Circuit
    • United States Court of Appeals for the Third Circuit
    • United States Court of Appeals for the Seventh Circuit
    • United States Court of Appeals for the Eighth Circuit
    • United States Court of Appeals for the Ninth Circuit
    • United States District Court for the Eastern District of Pennsylvania
    • Adjunct professor of law at the University of Pennsylvania Law School (1982 - 1995), teaching employment law as well as a variety of advanced labor law courses
    • Taught employment courses at The Wharton School of the University of Pennsylvania and Rutgers University School of Law - Camden