Pamela E. Berman



Pam Berman is a trial lawyer with significant jury and non-jury trial experience in the federal and state courts of Massachusetts and New Hampshire, representing businesses in difficult, complex commercial disputes. Pam has represented businesses in high-stakes commercial claims for more than 30 years on both sides of the docket, helping clients with…

  • General litigation, such as contentious contract and real estate-related disputes
  • Securities, including SEC and FINRA regulatory compliance, fiercely litigated fraud claims in court and representation of broker-dealers and brokers in securities arbitrations and enforcement proceedings
  • Employment, handling non-compete disputes, trade secrets, allegations of discrimination and disputes between employers and employees

Her experience spans a broad spectrum, including construction, banks, lenders and other financial institutions as well as clients in the manufacturing, healthcare, aviation and entertainment sectors. She handles disputes involving environmental issues, employment and other complex litigation.

“I often advise corporate executives who’ve been wronged,” Pam adds. She has represented a national retail pharmacy on a wide variety of issues, from real estate litigation and lease disputes to liquor licensing and other operational issues. She has also defended both companies and individuals in criminal and administrative actions.

Pam’s clients know her as creative, practical and extremely responsive. “I’m in court frequently,” Pam notes, “particularly with work on injunctions.” In addition, she is active with the local legal community – especially the Women’s Bar Association – and the judiciary. “I know how the state and federal courts work, which is strategically important when a client needs to get into court quickly.”

Before Bowditch

Prior to joining Bowditch & Dewey, Pam represented an aviation manufacturer in contractual and product liability cases.

Besides work

Pam likes to watch her daughter play soccer for Boston College. “When I’m not doing that, I’m swimming, walking the dog (a golden lab) or reading (non-fiction).”




Articles + Talks

  • “Massachusetts Non-Competition Agreements: The Good, The Bad, and The Ugly,” Bowditch & Dewey Breakfast @ Bowditch Series, October 7, 2014
  • Women’s Bar Association’s “Target Success” Panel Discussion, May 20, 2014

Bar Admissions

  • Massachusetts
  • New Hampshire
  • Pennsylvania


  • J.D., Cornell Law School
  • B.A., magna cum laude, Distinction in the Field of Public Policy/History, Wells College

A protracted employment litigation victory helped by a skillful legal maneuver

When a senior employee believed his former employer had wrongfully withheld substantial commissions from him, he turned to Pam for help. “There’s a Massachusetts statute that provides that employers cannot withhold earned commissions,” Pam explained. “So we contacted the company explaining my client’s position, thinking that a letter might resolve the claim.” Instead, the company – a manufacturer based in the Mid-Atlantic – accused Pam’s client of violating his noncompete and threatened to sue

What followed was a two-and-one-half year battle between the two sides, including multiple claims and counterclaims in two states involving breach of contract and employment issues as well as complaints of judicial favoritism. “We succeeded in getting the case first before a Massachusetts state court,” Pam noted, “a preemptive maneuver that was a key to the ultimate success of the case. On the eve of a federal jury trial in Massachusetts, the company capitulated in a significant victory for Pam’s client that included Federal Court dismissal of all 10 counterclaims. The result included issuance of a landmark Massachusetts federal decision clarifying non-compete law involving a material change doctrine in favor of our client. According to Pam, “I was in constant communication with our client from the moment this case came in.”

Successfully defended a national retailer against allegations of real estate fraud

A national retailer faced accusations of fraud and a multi-million dollar claim when it sold a commercial property in New England. Pam’s client bought the property – a former gas station located at a prominent intersection – from a previous business and sold it to a native and long-time resident of the community. Despite knowing the property’s past use, the buyer claimed that Pam’s client fraudulently said the site was environmentally clean. “We tried the case in the plaintiff’s home town and presented the jury with witnesses and other evidence that he knew the site was a former gas station and had seen it being remediated.” After the other side presented its case, Pam argued that the plaintiff had not proven his case and moved for a directed verdict, which the judge granted.

Other experience

Real estate litigation

  • Strategized targets, researched and obtained two highly competitive liquor licenses for national retail pharmacy in Massachusetts
  • Real estate lease disputes in Massachusetts and New Hampshire for national retail pharmacy
  • Obtained directed verdict in jury trial of alleged fraud in connection with commercial real estate sale

Employment and general litigation

  • Significant victory in a breach of contract and employment dispute including Federal Court dismissal of all ten counterclaims asserted, resulting in issuance of landmark Massachusetts federal decision clarifying non-compete law on material change doctrine in favor of client
  • Counseled many clients regarding enforceability of non-compete agreements

Defense of criminal white collar cases and enforcement proceedings

  • Massachusetts health insurer and provider in investigation by the State Attorney General’s Office
  • Defended and obtained acquittal of Shearson Lehman Brothers in a criminal money laundering case after a six-week jury trial


  • Parties in complex securities fraud claims, breach of contract and 93A where investment advisor and his company defrauded investors of millions of dollars
  • Defended and after trial obtained a judgment in favor of company in a case involving claims of fraud in a public offering
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