The Law Offices of Michael G. Berger has a broad and diverse practice, involving complex, significant, and often high profile civil and criminal litigation, as well as sophisticated transactional advice.

In addition to commercial litigation and arbitration, a substantial portion of the practice deals with entertainment and sports law. The Firm also has a diversified health care and employment law practice, as well as extensive experience in white-collar criminal defense.

Corporate and financial service clients range from major retailers, banks, brokerage firms, and insurance companies, to smaller entrepreneurial entities. Real estate clients include owners, developers, and managing agents.

The entertainment practice involves theatrical producers, actors, recording artists, and management companies. Sports clients include professional athletes and sports marketing companies. Health care matters involve individual physicians, medical practice groups, and other health care professionals.

Employment representation includes providing counsel to management and employees on transactional, contested, and investigative matters. The Firm has negotiated numerous multi-million dollar employment contracts, including several ranging from $10 million to $33 million in compensation. The Firm has also litigated, arbitrated, or otherwise resolved employment disputes involving as much as $175 million. Internal investigations have included claims of fraud, embezzlement, discrimination, and statutory violations.

The Firm also represents attorneys, accountants and other professionals in a variety of administrative, disciplinary and regulatory matters. White-collar defense involves representation of individuals and companies at every stage of federal and state proceedings. Mr. Berger tried the first civil RICO jury trial ever tried in the New York State Courts.

Martindale-Hubbell lists the Firm in its Bar Register of Preeminent Lawyers.  Mr. Berger is also listed in Marquis Who's Who in the World and Who's Who in America. The Firm has been extensively involved in complex litigation, including several of the largest financial fraud cases in the history of the United States.

 

REPRESENTATIVE REPORTED CASES

The Firm has been involved in a number of major matters in which it has successfully established and vindicated significant legal principles in reported decisions.  Such matters have included:

• Representation of Donald Trump in a federal lawsuit brought under various legal theories by a publicist who had been convicted of a felony in the state courts. The district court's key decision, dismissing all claims with prejudice, denying leave to replead, and directing the clerk of the court to close the case, made it clear that certain plaintiffs are "libel-proof" because of their own actions and the circumstances surrounding them.  Jones v. Trump, 1997 WL 277375 (S.D.N.Y. 1997).
  

• Representation of J & H Marsh & McLennan, Inc., a major insurance broker accused of misconduct in connection with responding to a client's insurance needs. The unanimous Appellate Division decision, affirming the trial court's grant of summary judgment dismissing the complaint, held that the broker's express disclaimer of responsibility until it could meet with the client to properly assess the client's needs, together with the fact that no such meeting was held, resulted in no liability as a matter of law. Roundabout Theatre Company, Inc. v. Continental Casualty Company, and J & H Marsh & McLennan, Inc., 775 N.Y.S.2d 857 (1st Dep't 2004) 
  

• Representation of Jan Purgess, a doctor terminated and defamed by accusations of malpractice and misconduct.  Following six years of litigation before the New York State Public Health Council and in federal court, the case resulted in the largest jury verdict for defamation of a doctor ever sustained in New York.  The unanimous circuit court decision affirming the $5.1 million total damage award established that neither mandatory reporting requirements nor statutory privileges would insulate hospitals or their department heads from the consequences of actions taken in bad faith.  Purgess v. Sharrock and Hospital for Special Surgery, 33 F. 3d 134 (2d Cir. 1994); New York Law Journal, August 22, 1994, p. 1, col. 1; Medical Economics, April 10, 1995, pp. 113-119.
  

• Representation of Barry Weissler, a theatrical producer accused of defrauding an investor in connection with his investment in a musical production.  After litigation in the federal courts of Iowa and New York, the case resulted in dismissal of all claims against the producer. The district court ruled that subscription agreements used for fundraising are enforceable in accordance with their terms, and that dissatisfied investors may not assert reliance on statements allegedly made outside such agreements where the agreements themselves expressly disclaim such reliance.  Belin v. Weissler,  1998 WL 391114 (S.D.N.Y. 1998); New York Law Journal, July 24, 1998, p. 1, col. 3.

The Firm has also handled a number of complex matters for individuals and companies, often spanning several years and involving institutional employers and multiple state and federal courts and regulatory agencies.

ENFORCEMENT OF PLAINTIFFS’ RIGHTS

In representing wrongfully terminated employees and other victims of contract breaches and tortious behavior, the Firm has obtained millions of dollars for its clients. Such matters have included:

• Representation of one of the founders of a multi-billion dollar company, who was wrongly accused of breaching his contractual duties to the company and was threatened with the forfeiture of company stock and other benefits. Following months of intense negotiations, the client received all compensation and benefits due to him, totaling over $175 million.
  

• Representation of an executive in a multi-national company, wrongfully terminated and falsely accused of various forms of misconduct. Following almost two years of discovery, motion practice, and multiple arbitration sessions, the client achieved a settlement of over $15 million.
  

• Representation of two theater executives who were forced out of a joint venture to acquire a theater chain.  After over three months of trial, the clients were paid $5 million to settle their claims.
  

• Representation of a financial services executive who was terminated and deprived of his bonus on the basis of the company’s claim that he breached his duty of loyalty to the company. Following months of arbitration and negotiations, the executive received his bonus and other benefits totaling over $2.5 million.
  

• Representation of a newspaper publisher who was fired and accused of mismanagement. After more than a year of litigation, all claims against the client were withdrawn, and he received a settlement of over $1 million.

INTERNAL INVESTIGATIONS

In representing commercial enterprises and not-for-profit organizations in a variety of sensitive and complex internal investigations, the Firm has discovered, analyzed, and reported misconduct and pursued it vigorously on behalf of its clients. Such matters have included:

• Representation of business organizations who were the victims of fraud and embezzlement by trusted employees and staff. In each instance, the Firm conducted full investigations, issued reports, and turned the matters over to the appropriate prosecutorial agencies. The Firm’s investigations resulted in criminal prosecutions, convictions, and appropriate sentences.
  

• Representation of several major international banks and brokerage firms who suspected that members of their staffs were committing regulatory violations and related misconduct. The Firm’s investigations and reports led to the discipline and termination of culpable individuals and the revision of procedures to minimize the danger of recurrent violations.

DEFENSE OF INDIVIDUALS AND COMPANIES

The Firm has also successfully defended individuals and entities accused by government agencies and adverse parties of contract breaches, tortious conduct, and criminal behavior. Such matters have included:

• Representation of an accountant whose major public company audit client perpetrated one of the largest financial frauds in United States history.  The client was never found to have committed any misconduct, despite intensive investigation, a multi-billion dollar class action lawsuit, an SEC proceeding, and a federal criminal prosecution of various other participants in the audit.
  

• Representation of a public company and its Board of Directors in a Martin Act proceeding brought by the New York State Attorney General in connection with a public offering of a subsidiary.  The matter was resolved with no admission of wrongdoing or liability and no penalties against any client.
  
• Representation of a university professor accused of sexual misconduct involving a graduate student.  Despite the lack of any opportunity for either discovery or motion practice under the university rules, and significant restrictions on the confrontation of witnesses, the professor was fully exonerated after an evidentiary hearing.
  

• Representation of a doctor at a teaching hospital who was accused of substandard medical practice by a colleague.  Following extensive factual development by the Firm, all charges were withdrawn, and the doctor was promoted to professor emeritus status upon the unequivocal recommendation of his former accuser.
  

• Representation of trustees of a health insurance plan who were investigated by the United States Department of Labor and charged with violations of ERISA in a federal class action lawsuit.  The Labor Department issued a "no action" letter, and the lawsuit was settled with no admission of wrongdoing or liability and no personal liability on the part of any of the trustees.

 

The Firm is committed to energetic, creative and cost-effective representation tailored to the needs of each client. Interested persons should contact the Firm at (212) 983-6000 or send e-mail to mgberger@mgberger.com