Kenneth F. Berg

Retired Partner

Kenneth F. Berg

Retired Partner

Ken retired in 2021 after 2o years with Ulmer. Ken had extensive experience in complex commercial and business litigation representing financial institutions. His expertise included bank and broker-dealer defense; FCM/IB defense; SEC, CFTC, FINRA, NFA, and Exchange investigations and enforcement actions; trade secrets/unfair competition; and contract disputes. He has defended securities and commodities class actions in New York, District of Columbia, and Chicago federal courts. He also regularly represented financial institutions in arbitration actions at the NFA, FINRA, and AAA. Ken has achieved the highest rating, AV Preeminent®, from Martindale-Hubbell® and has been continuously named to the Illinois Super Lawyers list and recognized as a “Leading Lawyer” in Illinois.

Education & Admissions


  • Washington University

    (A.B., magna cum laude, 1976)

  • Boston College Law School

    (J.D., cum  laude, 1979)

  • University of Chicago

    (Bigelow Fellow, 1981-1982)


  • State of Illinois
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, Northern District of Illinois – Trial Bar

Publications & Presentations


  • “The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Parts I and II,” Ulmer & Berne LLP (April 2019)
  • “The Illinois Caregiver Act: Mercy with Justice,” Illinois State Bar Association Real Estate Newsletter (May 2018)
  • Suitability: At the Corner of Series 3 and Series 7,” Nat’l Introducing Brokers Assoc. J. (Winter 2014)
  • “The Bail Reform Act of 1984,” 35 Emory Law Journal 685 (1985)
  • “Implied Malice–The Coming Constitutional Crisis in Tennessee,” 15 Mem St. Law Review 369 (1985)
  • “Model Adoption Act & Commentary,” 29 Family Law Quarterly103 (1985) (with ABA Executive Committee on Adoption)
  • “Are All Murderers Unfit Parents?,” 29 Journal of Family Law415 (1982)
  • “The Israeli Standard Contract Law,” 28 International and Comp. Law Quarterly560 (1979)


  • “DOL Fiduciary Rule and the Futures and Derivatives Industry,” Midland IRA and Ulmer DOL Fiduciary Rule Seminar (August 2017)
  • “Comparison of SEC and CFTC Early Reporting Obligations,” Futures Industry Conference, Washington D.C. (April 2015)
  • “Good Advice: What to Expect from your Lawyer,” Introducing Broker Seminar (April 2013)
  • “Is Aiding and Abetting Liability Really Dead?” Hot Topics: Financial Services Update 2008 (December 2008)
  • “Marketing of Hedge Funds,” Hot Topics: Financial Services Update 2006 (May 2006)
  • “Secondary Liability,” Hot Liability Topics for Financial Service Providers (March 2005)



  • Chicago Bar Association
  • Securities Industry Association (Member)
  • National Introducing Brokers Association (Member)
  • Futures Industry Association (Member)
  • Northern Illinois University School of Law (Visiting Professor, 1986-1987)
  • University of Memphis Law School (Professor of Law, 1983-1986)
  • University of Chicago Law School (Lecturer in Law, 1981-1982)


  • JNF Chicago (Board of Directors)
  • JNF Loop Professionals Group (Founding Member)
  • Ida Crown Jewish Academy (Past Member, Board of Governors)
  • Congregation Or Torah (Past Officer)
  • Chicago Volunteer Legal Services (Former Volunteer)



  • AV Preeminent® Peer Review Rated – Martindale-Hubbell®
  • Named to the Illinois Super Lawyers list (2007, 2009-2021)
  • Named a “Leading Lawyer” in a survey of lawyers by the Leading Lawyers Network (2010, 2011, 2013-2020)