Debra R. Bernard

Debra Bernard is a partner in the Commercial Litigation group. Debra focuses her practice on Intellectual Property and complex commercial litigation and has worked with businesses ranging from mid-size corporations to FORTUNE 500 companies in a variety of industries.  She also has substantial electronic discovery experience both domestically and internationally. 

Litigation
Debra's practice encompasses extensive experience in the litigation and arbitration of all types of intellectual property claims including Lanham Act actions, trademark infringement, trade dress infringement, misappropriation of trade secrets, copyright infringement and patent infringement. Debra also has experience in the litigation and arbitration of tortious interference claims, Telephone Consumer Protection Act (TCPA) class actions, Computer Fraud and Abuse Act claims, unfair competition, non-competition covenants, contract disputes, civil RICO actions, antitrust actions, claims under the Foreign Corrupt Practice Act and fiduciary duty claims. Debra has led teams in formulating discovery plans, motion practice and litigation strategy with the ultimate result of successful summary judgment outcomes and/or settlements.

E-Discovery
The landscape for discovery in both mid-range and complex litigation has changed dramatically with the amended Federal Rules of Civil Procedure, recent case law and rapidly evolving technology. As co-chair of Perkins Coie's E-discovery Services & Strategy (ESS) practice, Debra is actively involved in a number of e-discovery related organizations and a frequent speaker on e-discovery issues around the country. Debra is well versed in current case law and relevant technology and her electronic discovery experience includes advice and counseling in the legal and practical aspects of domestic and international electronic discovery obligations. She manages substantial electronic discovery matters including handling negotiations as to scope and procedures for electronic discovery, managing the litigation hold process company-wide, vendor evaluation and selection, the identification, preservation and retrieval of active data, the restoration of backup data, and overseeing teams engaged in the electronic screening, review and production of electronically stored data. Debra has experience dealing with the EU privacy directive, blocking statutes, the Hague Convention and other issues raised by the requirements of international discovery.

Professional Leadership

• Kroll Ontrack, Advisory Committee, 2010
• Seventh Circuit E-Discovery Pilot Program Committee, 2009 - 2011
• Member, The Sedona Conference Working Group on Electronic Document Retention and Protection (WG1)
• Drafting Team Member, The Sedona Conference WG1 Sub-Group on "The Case for Cooperation - Toolkit for the Bench"
• Intellectual Property Owners (IPO) Standing Committee on Discovery, 2006 - 2009
• Participant, Harvard Business School, Executive Education, Leading Professional Service Firms, November 2008
• Member, Justice Anne Burke's Judicial Selection Committee, 2008 - 2011
• Board of Directors, Heartland Alliance for Human Needs and Human Rights, 2007 - 2010
• Board of Directors, Tryon Farm Homeowners Association, 2010 - 2011 
• Board of Directors, Howard Brown Health Center, 1994 - 1995
• Co-Chair, Host Committee, Bon Foster Lambda Legal Annual Event, 2007; Member Host Committee, 2008 - 2009
• American Bar Association
• Federal Bar Association

Related Employment

• IIT/Chicago-Kent College of Law, Adjunct Professor, 2011
• Mayer, Brown, Rowe & Maw, Chicago, IL, Counsel, 1997 - 2007
• Keck, Mahin & Cate, Chicago, IL, Partner, 1991 - 1997, Associate, 1989 - 1991
• Miquelon & Associates, Chicago, IL, Associate, 1985 - 1989