Eli Berns-Zieve

Eli’s education practice covers a wide range of litigation and counseling engagements, including representing both institutions of higher education and independent schools. Recent cases have involved defense of universities against Title IX claims in federal court; defense of universities in state courts against allegations of discrimination, defamation, and an array of common law torts; defense of putative class action claims for tuition refunds arising out of the COVID-19 campus closures in 2020; and investigation of and counseling regarding claims of discrimination, abuse, and faculty misconduct at universities and independent schools.

In his healthcare litigation practice, Eli primarily represents managed care organizations and other healthcare entities, including representing a health plan in Florida in litigation regarding reimbursement for out-of-network services; defending a Fortune 50 health insurance company against claims brought under ERISA; and representing a health plan in complex commercial disputes with pharmacy benefit managers and retail pharmacies regarding pharmaceutical reimbursement. 

Eli also maintains a pro bono practice, and was a key part of the Crowell & Moring team that on behalf of four residents of Baltimore’s Harlem Park neighborhood sued the Baltimore City Police Department (BPD) and former Police Commissioner Kevin Davis for federal and state constitutional violations resulting from the six-day, multi-block lockdown of the neighborhood following the death of Detective Sean Suiter. The lawsuit ended in a settlement that, in addition to monetary damages, required BPD to adopt and enforce policies designed to prevent a future lockdown, and included a rare public apology from the City of Baltimore and the BPD. Eli also was on the Crowell & Moring team that – in the midst of the 2020 COVID-19 pandemic – represented the Regents of the University of California in suing the Department of Homeland Security, contributing to reversal of an arbitrary and hastily drafted international student directive that would otherwise have forced international students to leave the United States if enrolled only in online classes due to the pandemic. More recently, Eli filed sued in federal court on behalf of a former child soldier in the infamous Lord’s Resistance Army, ultimately securing his status as a lawful permanent resident of the United States of America.

Eli received his J.D. from the University of Maryland, cum laude, where he was an associate editor of the Maryland Law Review and recipient of the Catherine S. Edwards Memorial Scholarship. During law school, Eli interned for the Honorable Richard D. Bennett in the U.S. District Court for the District of Maryland and the Honorable Douglas R.M. Nazarian in the Maryland Court of Special Appeals. Eli majored in history at Vassar College, where he was president of his class.

Prior to law school, Eli served as chief of staff to a Maryland state senator. In that capacity, he helped navigate policy objectives through the legislative process and held daily meetings with various parties on a wide array of issues, developing and helping to enact state law.

Eli is a native of Baltimore, MD, and a graduate of the Park School of Baltimore.

He is admitted to practice in Maryland, the District of Columbia, the United States Court of Appeals for the Ninth Circuit, the United States District Court for the District of Columbia, and the United States District Court for the District of Maryland.