Gregory B. in den Berken

Washington, D.C.
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA

Gregory B. in den Berken is an associate in the Washington, D.C. office of Latham & Watkins and a member of the firm’s Supreme Court & Appellate Practice. He focuses on federal and state appellate litigation and complex commercial litigation throughout the federal courts.

Mr. in den Berken has filed briefs at all levels of the federal courts and involving a wide range of issues, including the First Amendment, administrative law, statutory interpretation, criminal law, professional responsibility, securities law, and agency-deference doctrines. This Term, he helped persuade the Supreme Court to grant review in a First Amendment challenge to the Telephone Consumer Protection Act. And in 2019 and 2020, Mr. in den Berken was part of a Latham team that prevailed on an Administrative Procedure Act challenge to a federal rule that would have required pharmaceutical manufacturers to include the wholesale acquisition cost when advertising their drugs on television.

Mr. in den Berken maintains an active pro bono practice as well. In 2019, he filed a merits-stage amicus brief in the Supreme Court on behalf of a consortium of veteran-advocacy organizations, detailing their experiences with so-called Auer agency deference and explaining the importance of the pro-veteran canon of statutory interpretation. Mr. in den Berken also served as lead brief-writer on a rare successful appeal in a Freedom of Information Act case, convincing the D.C. Circuit to reverse a grant of summary judgment to the federal government on behalf of a public-interest organization seeking to study and shed light on the government’s forfeiture practices.

Before joining Latham, Mr. in den Berken served as a law clerk to Judge Stephanos Bibas of the United States Court of Appeals for the Third Circuit and to Judge Kim R. Gibson of the United States District Court for the Western District of Pennsylvania. Mr. in den Berken is a native of the Netherlands and is fluent in Dutch.


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