Commercial Litigation

David H. Berg, a renowned commercial litigation attorney with over 50 years of experience, has in-depth experience preparing and trying complex commercial matters, including actions involving antitrust claims, commercial contracts, securities fraud, mergers and acquisitions, corporate governance and dissolution, enterprise valuation, synthetic leasing and other forms of real estate finance, as well as insurance coverage claims.

As a trial lawyer, David has demonstrated the expertise and flexibility needed to represent financial institutions, investors, private and public corporations, high net-worth individuals, lenders and insurance companies. He is also well-versed in the logistical and legal issues which arise from electronic discovery and discovery involving cross-border litigations. Significant representations include:

• Hundreds of plaintiffs/partners in a mass action alleging that plaintiffs were defrauded by Marriott Corporation in the management of several limited partnerships, resulting in a $420 million settlement.
• Acadia Ltd. Partners (now Oak Hill Partners), Robert Bass’s investment vehicle, in a lawsuit against a Florida real estate developer alleging that he had defrauded the company of $52 million, resulting in a verdict worth the “prayer” – $52 million.
• The Special Committee of Independent Directors of a publicly traded telecommunications company in shareholder derivative and class action litigation in New York and Delaware state courts.
• Johnson & Johnson Co. as lead counsel in successful defense of $54 million antitrust claim brought by a smaller company, resulting in a complete defense verdict by the jury after a seven week trial in federal district court in Southern California.
• A publicly traded real estate investment trust to recover its share of a $100 million “bad boy” guarantee of mezzanine debt that financed a national hotel chain.
• A Fortune 500 chemical company in an action arising out of the failure of an industrial chemical reactor that our attorneys successfully tried to verdict.
• Ten international institutional investors in a fraud action filed in federal court in Chicago against an investment fund that misrepresented returns and other material terms and misappropriated investors’ funds.
• Shareholders of a tech start-up in a fraud action against a Spanish telecommunications giant for $120 million, resulting in a confidential settlement.
• Westinghouse as defendant in a protracted five month trial in which the South Texas Nuclear Project alleged that the company had sold it defective nuclear steam generators, ending in a confidential settlement before the case went to the jury.