David Berger is a founding partner of the Firm. He has successfully tried 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. A creative problem solver, Mr. Berger focuses on obtaining positive and cost-effective solutions tailored to each client’s individual needs.
Mr. Berger’s professional experience covers a broad range of substantive areas, including contract, antitrust, securities and commodities, corporate governance, business torts, partnership, franchising, commercial, intellectual property, licensing, media and entertainment, health care, pharmacy, bankruptcy litigation, employment, and defamation law. His experience includes extensive work in multi-party and multi-district litigation, including class actions, arbitration, and in investigations before such regulatory and self-regulatory authorities as the SEC, FINRA, the CFTC, as well as before the Department of Justice, and offices of the United States Attorney and various state attorneys general.
Mr. Berger regularly provides clients with risk assessments in connection with potential transactions or in anticipation of significant business decisions, including corporate actions, and the implementation of new business strategies. Mr. Berger also has an active transactional practice, handling employment, licensing and intellectual property matters, and frequently represents parties in “business divorces.” In addition, he counsels clients in crisis situations, drawing on his prior professional experience in corporate public relations and crisis management.
An experienced mediator, Mr. Berger is called upon to mediate a range of disputes, and serves as a court-appointed mediator for the United States District Court for the Eastern District of New York. Mr. Berger has published in the New York Law Journal and has lectured at the New York City Bar Association, and at various professional gatherings.