Professional History
Berliner Cohen, Ten Almaden Boulevard, Suite 1100, San Jose, CA, 95113
Telephone: 408-286-5800
Email: jed@berliner.com
Associate (1979-1986); Litigation Partner (1986-present); Litigation Department Chairperson (1995-1999); Managing Partner (2000-2003)
Berliner Cohen is one of the largest law firms in San Jose whose practice is primarily dedicated to serving the business and regulatory needs of private business and public agency. Over its almost four decade history, Berliner Cohen has grown in size and sophistication along with the community around it. San Jose is now the 10th largest city in the United States and the capital of Silicon Valley. To serve this unique community, Berliner Cohen has developed a special expertise required by a diverse client base consisting of some of Silicon Valley's largest corporations, newest ventures, leading real estate developers, cutting edge software manufacturers, health care providers, mortgage banking companies, municipalities and public agencies.
Experience
Mr. Dworak has over two decades of experience in representing clients from individuals and small businesses to large, publicly-traded companies in various business disputes, including contract claims, real estate matters, and closely held and family-owned business disputes. His clients range from Santa Clara Valley's oldest businesses and families to Silicon Valley's newest technology companies. Mr. Dworak has a wide range of experience in both the academic and the professional community. He serves as a Judge Pro Tem, Settlement Conference Judge, and Special Master appointed by the State Bar for overseeing high tech criminal investigations, in addition to being an Arbitrator of disputes through private and court-coordinated programs. Additionally, Mr. Dworak has received academic teaching appointments in local universities and community colleges including San Jose State University and the Small Business Institute at West Valley Community College. He has handled many noteworthy cases and has procured multi-million dollar settlements for his clients.
Education/Honors
*University of Santa Clara School of Law, J.D., 1979
*U.C. Davis, A.B. Economics, 1976, with Honors
Economics Honor Society, 1976
Professional Acknowledgments
*Best Lawyers in Silicon Valley 2004, 2005
San Jose Magazine
*Northern California Super Lawyers 2004
Law & Politics San Francisco Magazine: www.Superlawyers.com
Academic Position and Appointments
*U. C. at Santa Cruz Extension, "Real Estate" (Fall 1981)
*University of Santa Clara School of Law Paralegal Program, "Research and Writing"
(Fall 1983)
*West Valley Community College
Paralegal Institute, "Ethics and Civil Procedure" (1988-1991)
Small Business Program, "Legal Aspects of Small Business" (1988-Present)
*San Jose State University School of Applied Science, Department of Hospitality Management
"Hospitality Law" (1992-Present)
*San Jose State University College of Business
"Business Law" (1995 - Present)
"Business Ethics" (2005)
Decade Review of Newspaper Coverage of Trial and Litigation Experiences
Mr. Dworak has represented a number of clients whose cases were considered newsworthy in Silicon Valley. The articles listed below represent the last 10 years.
July 15, 1987 and July 18, 1987 - San Jose Mercury News.
*Reported on a five month jury trial in which Mr. Dworak successfully defended Adam Osborne, the founder of Osborne Computer. The other defendant accountant, Arthur Young lost at trial, but prevailed on an appeal. The case is now the precedent setting ruling on accountant's liability in California.
July 20, 1987 - Wall Street Journal.
*Mr. Dworak's trial victory for Adam Osborne was reported nationally reflecting the high profile nature of the case and its impact on accountants nationwide.
April 7, 1989 and August 10, 1989 - San Jose Mercury News.
*Reported the Fairmont Hotel hiring of Mr. Dworak to collect from Savatore (Bill) Bonanno, the eldest son of alleged Mafia boss Joseph "Joe Bananas" Bonanno, for the huge wedding reception bills which the family refused to pay.
May 20, 1991 - Business Journal.
*Newspaper uncovered the confidential settlement Mr. Dworak obtained for California Micro Devices in a lawsuit against a Xerox subsidiary, reporting the settlement at $10 million, the largest settlement in the history of Berliner Cohen.
April 2, 1992 and April 4, 1992 - San Jose Mercury News.
*Profiled Mr. Dworak's involvement as a State Bar appointed Special Master in a probe of three San Jose policemen who were accused of leaking rap sheets. Mr. Dworak was appointed to oversee the seizure of a private detective's records.
June 5, 1993 - San Jose Mercury News.
*Sought expert advice from Mr. Dworak for an article concerning unique financing arrangements for real property transactions.
April 29, 1994 - San Francisco Daily Journal.
*A front page article included Mr. Dworak's comments regarding Charles Hackett who was arrested for allegedly hiring a hit man to kill his wife, Zaida Hackett, a San Jose administrative law judge. Mr. Dworak had successfully defended his clients in a lawsuit brought by the Hacketts.
January 9, 1995 - Business Journal.
*Featured Mr. Dworak's lawsuit on behalf of Suntrips, the largest air charter company in California, against Leisure Air, seeking millions of dollars in lost revenue due to the cancellation of flights.
February 13, 1995 - Business Journal.
*Focused on Mr. Dworak's lawsuit on behalf of Metro Publishing against a San Francisco Weekly for breach of an agreement allowing Metro Publishing to expand into the San Francisco market.
August 14, 1995 - San Jose Mercury News.
*Front page local section article on Mr. Dworak's defense of a trademark case concerning the well known children's character, Barney, the purple dinosaur. The article recapped a raid conducted by the U. S. Marshal's office on the company which was allegedly replicating and bootlegging Barney merchandise.
August 19, 1995 - San Jose Mercury News.
*Reported Mr. Dworak's defense of an action brought by The Walt Disney Company for trademark infringement against a San Jose business.
October 7, 1996 - San Francisco Daily Journal.
October 9, 1996 - San Jose Post Record.
*Reviewed Mr. Dworak's role as Special Master for the District Attorney's high tech crime unit in the search of records involving an intrusion of an attorney's confidential files through electronic eavesdropping by another attorney.
December 9 , 1996 - Business Journal.
*Front page report of Mr. Dworak's lawsuit filed on behalf of Suntrips Inc., a San Jose-based travel company to collect $4.5 million due to the grounding of Rich International Airways Inc. by the FAA.
September 22, 1997 - Business Journal.
*Report on the retention of Mr. Dworak and Berliner Cohen to assist by the Citizens Group in the San Jose Evergreen Area to litigate the City of San Jose's approval of the controversial Sikh Temple in the Evergreen neighborhood.
Professional Licenses
*The State Bar of California, 1979
*California Community College Instructor Credential, 1987
Subject Matter Area: Law (License No. 337945)
Professional and Educational Organizations
*Santa Clara County Superior Court, Judge Pro Tempore, 1985 to Present
*State Bar of California, Special Master, 1990 to Present
*West Valley Community College
Member, Advisory Board International Business Program, 1991 to Present
Member, Advisory Board Small Business
*International Program, 1994 to Present
*Santa Clara County Bar Association,
Mentor Attorney for the Modest Means Panel, 1993 to Present
Professional Admissions
*Supreme Court of California, 1979
*United States District Court of Appeal (9th Cir.), 1982
*United States District Court (N.D. Cal.), 1981
*United States District Court (C.D. Cal.) 1981
*United States District Court (E.D. Cal.), 1982
*United States District Court (S.D. Cal.)1985
*United States Claims Court, 1988
Professional Associations
*American Bar Association, 1986 to Present
*California Trial Lawyers Association, 1981 to Present
*Santa Clara County Bar Association, 1979 to Present
Community Services
*Block Grant Development Program, City of San Jose, 1982-1984
*Humane Society of Santa Clara Valley, Board of Directors, 1989-1992
*Member, Victorian Preservation Association of Santa Clara Valley, 1991-Present
*Member, Campus Community Association, 1980-Present
*President, S.J.S.U. Hospitality Management Executive Advisory Board 2003-Present
Articles
*Business Journal - April 18, 1994 - Focus Section
*Business Journal - May 30, 1994 - Focus Section
*Small Claims Court Guide - Berliner Cohen, "Practical Guide for Prosecution of Small Claims Court Matters"
*Litigation - Berliner Cohen
"Practical Procedural Guide for Litigation"
Publications
*Editor, Hospitality Alert (A legal publication for the hospitality Industry) 2002-2003
www.hospitalityalert.com
Berliner Cohen, Ten Almaden Boulevard, Suite 1100, San Jose, CA, 95113
Telephone: 408-286-5800
Email: jed@berliner.com
Associate (1979-1986); Litigation Partner (1986-present); Litigation Department Chairperson (1995-1999); Managing Partner (2000-2003)
Berliner Cohen is one of the largest law firms in San Jose whose practice is primarily dedicated to serving the business and regulatory needs of private business and public agency. Over its almost four decade history, Berliner Cohen has grown in size and sophistication along with the community around it. San Jose is now the 10th largest city in the United States and the capital of Silicon Valley. To serve this unique community, Berliner Cohen has developed a special expertise required by a diverse client base consisting of some of Silicon Valley's largest corporations, newest ventures, leading real estate developers, cutting edge software manufacturers, health care providers, mortgage banking companies, municipalities and public agencies.
Experience
Mr. Dworak has over two decades of experience in representing clients from individuals and small businesses to large, publicly-traded companies in various business disputes, including contract claims, real estate matters, and closely held and family-owned business disputes. His clients range from Santa Clara Valley's oldest businesses and families to Silicon Valley's newest technology companies. Mr. Dworak has a wide range of experience in both the academic and the professional community. He serves as a Judge Pro Tem, Settlement Conference Judge, and Special Master appointed by the State Bar for overseeing high tech criminal investigations, in addition to being an Arbitrator of disputes through private and court-coordinated programs. Additionally, Mr. Dworak has received academic teaching appointments in local universities and community colleges including San Jose State University and the Small Business Institute at West Valley Community College. He has handled many noteworthy cases and has procured multi-million dollar settlements for his clients.
Education/Honors
*University of Santa Clara School of Law, J.D., 1979
*U.C. Davis, A.B. Economics, 1976, with Honors
Economics Honor Society, 1976
Professional Acknowledgments
*Best Lawyers in Silicon Valley 2004, 2005
San Jose Magazine
*Northern California Super Lawyers 2004
Law & Politics San Francisco Magazine: www.Superlawyers.com
Academic Position and Appointments
*U. C. at Santa Cruz Extension, "Real Estate" (Fall 1981)
*University of Santa Clara School of Law Paralegal Program, "Research and Writing"
(Fall 1983)
*West Valley Community College
Paralegal Institute, "Ethics and Civil Procedure" (1988-1991)
Small Business Program, "Legal Aspects of Small Business" (1988-Present)
*San Jose State University School of Applied Science, Department of Hospitality Management
"Hospitality Law" (1992-Present)
*San Jose State University College of Business
"Business Law" (1995 - Present)
"Business Ethics" (2005)
Decade Review of Newspaper Coverage of Trial and Litigation Experiences
Mr. Dworak has represented a number of clients whose cases were considered newsworthy in Silicon Valley. The articles listed below represent the last 10 years.
July 15, 1987 and July 18, 1987 - San Jose Mercury News.
*Reported on a five month jury trial in which Mr. Dworak successfully defended Adam Osborne, the founder of Osborne Computer. The other defendant accountant, Arthur Young lost at trial, but prevailed on an appeal. The case is now the precedent setting ruling on accountant's liability in California.
July 20, 1987 - Wall Street Journal.
*Mr. Dworak's trial victory for Adam Osborne was reported nationally reflecting the high profile nature of the case and its impact on accountants nationwide.
April 7, 1989 and August 10, 1989 - San Jose Mercury News.
*Reported the Fairmont Hotel hiring of Mr. Dworak to collect from Savatore (Bill) Bonanno, the eldest son of alleged Mafia boss Joseph "Joe Bananas" Bonanno, for the huge wedding reception bills which the family refused to pay.
May 20, 1991 - Business Journal.
*Newspaper uncovered the confidential settlement Mr. Dworak obtained for California Micro Devices in a lawsuit against a Xerox subsidiary, reporting the settlement at $10 million, the largest settlement in the history of Berliner Cohen.
April 2, 1992 and April 4, 1992 - San Jose Mercury News.
*Profiled Mr. Dworak's involvement as a State Bar appointed Special Master in a probe of three San Jose policemen who were accused of leaking rap sheets. Mr. Dworak was appointed to oversee the seizure of a private detective's records.
June 5, 1993 - San Jose Mercury News.
*Sought expert advice from Mr. Dworak for an article concerning unique financing arrangements for real property transactions.
April 29, 1994 - San Francisco Daily Journal.
*A front page article included Mr. Dworak's comments regarding Charles Hackett who was arrested for allegedly hiring a hit man to kill his wife, Zaida Hackett, a San Jose administrative law judge. Mr. Dworak had successfully defended his clients in a lawsuit brought by the Hacketts.
January 9, 1995 - Business Journal.
*Featured Mr. Dworak's lawsuit on behalf of Suntrips, the largest air charter company in California, against Leisure Air, seeking millions of dollars in lost revenue due to the cancellation of flights.
February 13, 1995 - Business Journal.
*Focused on Mr. Dworak's lawsuit on behalf of Metro Publishing against a San Francisco Weekly for breach of an agreement allowing Metro Publishing to expand into the San Francisco market.
August 14, 1995 - San Jose Mercury News.
*Front page local section article on Mr. Dworak's defense of a trademark case concerning the well known children's character, Barney, the purple dinosaur. The article recapped a raid conducted by the U. S. Marshal's office on the company which was allegedly replicating and bootlegging Barney merchandise.
August 19, 1995 - San Jose Mercury News.
*Reported Mr. Dworak's defense of an action brought by The Walt Disney Company for trademark infringement against a San Jose business.
October 7, 1996 - San Francisco Daily Journal.
October 9, 1996 - San Jose Post Record.
*Reviewed Mr. Dworak's role as Special Master for the District Attorney's high tech crime unit in the search of records involving an intrusion of an attorney's confidential files through electronic eavesdropping by another attorney.
December 9 , 1996 - Business Journal.
*Front page report of Mr. Dworak's lawsuit filed on behalf of Suntrips Inc., a San Jose-based travel company to collect $4.5 million due to the grounding of Rich International Airways Inc. by the FAA.
September 22, 1997 - Business Journal.
*Report on the retention of Mr. Dworak and Berliner Cohen to assist by the Citizens Group in the San Jose Evergreen Area to litigate the City of San Jose's approval of the controversial Sikh Temple in the Evergreen neighborhood.
Professional Licenses
*The State Bar of California, 1979
*California Community College Instructor Credential, 1987
Subject Matter Area: Law (License No. 337945)
Professional and Educational Organizations
*Santa Clara County Superior Court, Judge Pro Tempore, 1985 to Present
*State Bar of California, Special Master, 1990 to Present
*West Valley Community College
Member, Advisory Board International Business Program, 1991 to Present
Member, Advisory Board Small Business
*International Program, 1994 to Present
*Santa Clara County Bar Association,
Mentor Attorney for the Modest Means Panel, 1993 to Present
Professional Admissions
*Supreme Court of California, 1979
*United States District Court of Appeal (9th Cir.), 1982
*United States District Court (N.D. Cal.), 1981
*United States District Court (C.D. Cal.) 1981
*United States District Court (E.D. Cal.), 1982
*United States District Court (S.D. Cal.)1985
*United States Claims Court, 1988
Professional Associations
*American Bar Association, 1986 to Present
*California Trial Lawyers Association, 1981 to Present
*Santa Clara County Bar Association, 1979 to Present
Community Services
*Block Grant Development Program, City of San Jose, 1982-1984
*Humane Society of Santa Clara Valley, Board of Directors, 1989-1992
*Member, Victorian Preservation Association of Santa Clara Valley, 1991-Present
*Member, Campus Community Association, 1980-Present
*President, S.J.S.U. Hospitality Management Executive Advisory Board 2003-Present
Articles
*Business Journal - April 18, 1994 - Focus Section
*Business Journal - May 30, 1994 - Focus Section
*Small Claims Court Guide - Berliner Cohen, "Practical Guide for Prosecution of Small Claims Court Matters"
*Litigation - Berliner Cohen
"Practical Procedural Guide for Litigation"
Publications
*Editor, Hospitality Alert (A legal publication for the hospitality Industry) 2002-2003
www.hospitalityalert.com