David Berger is a founding partner, and the managing partner, of ABV. Primarily a litigator and trial lawyer, David enjoys an expansive practice. He has tried high profile and challenging jury and non-jury cases in various federal and state courts and before numerous administrative and arbitral tribunals. He routinely counsels clients concerning business transactions and other strategic and sensitive matters, and is also an active mediator.
David’s dispute resolution experience covers a broad range of substantive areas, including contract, antitrust, banking, securities and commodities, cryptocurrency, corporate governance, business torts, partnership, franchising, commercial, intellectual property, licensing, media and entertainment, health care, bankruptcy litigation, employment, and defamation law. He has managed complex, multi-party, and multi-district litigation, including class actions, cross-border matters, and has led internal investigations, as well as investigations by regulatory and self-regulatory authorities such as the SEC, FINRA, the CFTC, and by the Department of Justice, offices of the United States Attorney, and various state attorneys general.
David regularly provides clients with risk assessments in connection with potential transactions or in anticipation of significant business decisions or the implementation of new business strategies. He frequently negotiates employment, licensing, and intellectual property matters, and represents parties in “business divorce.” David also counsels clients in crisis situations, drawing on his prior professional experience in corporate public relations and crisis management.
David has served for many years as a mediator, and law firms frequently call upon him to mediate various commercial and sensitive matters. He is active in the mediation community, including by serving on the ADR Advisory Council for the United States District Court for the Eastern District of New York. David has published in the New York Law Journal and has lectured and served as a panelist at the New York City Bar Association, and at numerous professional events.