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Debra R. Bernard

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Partner

Co-Chair Ediscovery Services & Strategy Group

Debra Bernard focuses her practice on Intellectual Property and complex Commercial Litigation and has worked with businesses ranging from mid-size corporations to FORTUNE 500 companies.  She also has substantial electronic discovery experience both domestically and internationally. 

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, 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.

Debra's 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

  • Seventh Circuit E-Discovery Pilot Program Committee 2009
  • 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
  • Member, E-Discovery User Group (EDUG)
  • Participant, Harvard Business School, Executive Education, Leading Professional Service Firms, November 2008
  • Member, Justice Anne Burke's Judicial Selection Committee, 2008 - 2009
  • Board of Directors, Heartland Alliance for Human Needs and Human Rights, 2007 - 2009
  • 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

  • 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

Education

  • Illinois Institute of Technology Chicago-Kent College of Law, J.D., 1985
    with honors
  • University of Illinois, B.A., Political Science, 1981

Bar Admissions

  • Illinois

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Trial Bar of the Northern District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois