For over 20 years, Michael Berry has represented news, entertainment, and other media clients in defamation and privacy suits, fought for the right of the press and public to access government and court records, defended reporters who are subpoenaed, and advised clients on newsgathering and other First Amendment matters. He is a trial lawyer who regularly defends media companies in federal and state courts throughout the country. For example, Michael has served as trial counsel for prominent newspapers and websites and succeeded in unsealing records in high-profile criminal prosecutions and high-stakes corporate litigation. In addition, he was instrumental in drafting Pennsylvania's newly enacted anti-SLAPP law, which passed the state House of Representatives and Senate unanimously and was signed by the Governor in July 2024.
In light of his accomplishments, The Best Lawyers in America named Michael its First Amendment Law Lawyer of the Year in Philadelphia for 2018, 2020, 2023, and 2025, its Media Lawyer of the Year in Philadelphia for 2019 and 2024, and its 2022 Lawyer of the Year in Philadelphia for First Amendment Litigation.
Experience
Representative Matters
- Successfully defended a major streaming service against wiretap and replevin claims arising from “hot mic” audio captured during the production of a documentary series. The court denied the plaintiff’s request for a temporary restraining order to prevent use of the audio and granted summary judgment to the streaming service on all claims. The decisions set significant precedents governing when a source’s statements to reporters are “off the record” and the reasonableness of a source’s expectation of privacy in off-camera conversations with journalists.
- Successfully represented The Associated Press in unsealing numerous records in the criminal cases against the former Penn State administrators prosecuted in the wake of the Sandusky scandal in Commonwealth v. Curley, 189 A.3d 467 (Pa. Super. 2018)
- Successfully represented Dow Jones & Company, Inc. in obtaining access to records that had been filed under seal in an investor lawsuit against the controversial blood-testing company, Theranos, Inc. in Partner Investments, L.P. v. Theranos, Inc., 2017 WL 2303954 (Del. Ch. 2017)
Professional Highlights
Judicial Clerkships
Hon. David B. Sentelle, U.S. Court of Appeals for the District of Columbia Circuit
Professional Activities
Media Law Resource Center Institute, Board of Directors, Secretary-Treasurer
Pennsylvania Bar Association, Co-Chair, Bar-Press Committee
Pennsylvania Bar Association, Alternative Dispute Resolution Committee
Recognition & Accomplishments
The Best Lawyers in America, First Amendment Law, Litigation - First Amendment, Media Law, 2014-2025; "Lawyer of the Year," First Amendment Law (Philadelphia), 2018, 2020, 2023, 2025; Media Law (Philadelphia), 2019 and 2024; and First Amendment Litigation, 2022
Legal 500, Media and Entertainment Law: Litigation, 2022-2024
Named as a "Power Player" by The Legal Intelligencer in its 2020 Pennsylvania Legal Awards
Named as a Lawyer on the Fast Track by The Legal Intelligencer and Pennsylvania Law Weekly in their 40 Under 40 rankings, 2009
Litigation Counsel of America, Senior Fellow
Speaking Engagements
Speaker, "Protecting Freedom of Speech: An Introduction to Immunity Under Pennsylvania's New Anti-SLAPP Statute," Pennsylvania Bar Institute, November 1, 2024
Panelist, "New York Times v. Sullivan in 2024: Its Impact of 60 Years on Free Speech in the U.S. and Abroad," Association for Education in Journalism and Mass Communication Annual Conference, August 9, 2024
Speaker, “Anti-SLAPP Statutes,” Seminar on Defamation, Libel, & Slander With a Focus on High Profile Litigation, Pennsylvania Bar Institute, March 12, 2024
Publications
"Ten Questions to a Media Lawyer," MediaLawLetter, Media Law Resource Center, August 2024
"Pennsylvania's New Anti-SLAPP Law Protects Press Freedom," The Legal Intelligencer, August 1, 2024
“Pennsylvania Legislators Introduce Anti-SLAPP Legislation,” MediaLawLetter, Media Law Resource Center, August 2023
Credentials
Education
University of North Carolina School of Law (J.D. 2000, with highest honors)
Editor-in-Chief, North Carolina Law Review
Duke University (M.P.P. 2000)
Emory University (B.A. 1994)
Phi Beta Kappa
Mediation Intensive Executive Education Course, Program on Negotiation, Harvard Law School (May 2024)
Admissions
Pennsylvania
New Jersey
New York
U.S. Courts of Appeals for the Third, Ninth, and Tenth Circuits
U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania
U.S. District Court for the District of New Jersey
U.S. District Court for the Southern District of New York