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Anna M. Berman

Partner

Anna is a versatile commercial litigator with experience handling complex business disputes across a variety of industries.

Anna is a trial lawyer who handles complex litigation across a wide range of subject matters, including employment disputes, premises liability, construction disputes, breaches of fiduciary duty, contract disputes and theft of trade secrets. While the type of matter varies, the common thread in Anna's practice is complexity whether in the volume and intricacy of discovery, the novelty of the legal theories at issue, or the technical nature of the underlying claims. She counsels clients through the full litigation process and provides clear advice on risk management strategies and client representation through mediation, arbitration, trial and appeal.

Anna is particularly adept at navigating the discovery phase of litigation. She skillfully manages data collections, productions, depositions and motion practice in even the most cumbersome cases. As a member of the firm's eDiscovery Practice Group, she is well-versed in document management systems and the latest ESI issues.

In addition to her litigation practice, Anna is frequently called upon by corporate clients to provide pre-suit counseling on sensitive matters including conflicts of interest, employee theft and trade secret protection. Her focus is helping clients identify and manage risk before disputes escalate into litigation.

Anna also devotes a portion of her time to pro bono work. The Kansas City office "adopted" a neighborhood on the east side of the city and Anna works with the neighborhood to rehabilitate homes throughout the community.

  • Representing the Denver Broncos in Brian Flores v. National Football League, a high-profile employment discrimination matter pending in the Southern District of New York.
  • Co-counsel in $45 million misappropriation of trade secrets case representing manufacturer of innovative inedible egg products, primarily used for pet food and animal feed. After a member of the client’s board of directors resigned and started a competing business, the client turned to Kutak Rock to prosecute claims for both misappropriation of trade secrets and breach of confidentiality agreement. Anna spearheaded the discovery and motion practice, which eventually led to judgment on many of the defendants’ claims and a settlement in the client’s favor.
  • Key member of litigation and trial team representing owner/developer in $75 million construction dispute. The multi-year representation involved analysis of millions of documents, dozens of witnesses and experts, and significant motion practice before the case settled on the eve of trial.
  • Represented a local company in a $1.5 million dispute concerning the operation of a commercial HVAC system. The litigation involved nuanced issues relating to damages; through focused advocacy, Anna's team secured exclusion of a majority of the plaintiff's damages evidence, resulting in a settlement of roughly 10% of the original demand.
  • Integral member of trial team in a legal malpractice action involving an underlying claim for misappropriation of trade secrets, which culminated in a three-week jury trial and an $11.1 million verdict, plus punitive damages in favor of the firm's client.
  • Successfully assisted in the representation of a local manufacturer against multiple breach of contract claims, one exceeding $30 million, requiring management of a large document review team and a detailed understanding of complex purchase agreement and construction issues.
  • Added to the eDiscovery team just months before trial in a multi-million dollar misappropriation of trade secrets case to manage the review and production of thousands of client documents. The representation also included preparing detailed responses to various pre- and post-trial motions related to the eDiscovery production process.
  • In an action for breach of contract and breach of fiduciary duties against a pre-acquisition due diligence provider, managed the discovery phase of arbitration including extensive document review, complex motion practice, and expert testimony leading to a mutually beneficial settlement.
  • Through innovative motion practice, obtained judgment in a breach of contract action then managed the discovery process in the damages phase of litigation, leading to a damage award of more than $500,000.

  • The Best Lawyers in America®, Commercial Litigation, 2023-2026