LITIGATION, ARBITRATION, AND REGULATORY MATTERS The Firm has extensive experience in every phase of litigation, arbitration, and regulatory proceedings in a broad range of contested matters. In addition to actively litigating and arbitrating matters on behalf of clients and dealing with regulatory entities for over 45 years, Mr. Berger has been an arbitrator for the American Arbitration Association for over 25 years, serving on the Commercial, Employment, Complex Case, and Appeals Panels. Mr. Berger is also a former Assistant District Attorney for New York County, and has extensive experience with every aspect of criminal law. The Firm combines large firm expertise with small firm service and individualized attention. Representative Cases illustrates the breadth of the Firm’s practice. In addition to commercial disputes, the Firm has engaged in civil litigation, arbitration, and regulatory matters involving Entertainment and Sports Law, Family Law, Health Care Law, and Defamation, Privacy & the Internet. The Firm’s approach to contested matters is keyed to promptly achieving a clear understanding of the underlying facts and the potential strengths and weaknesses of the client’s position, analyzing the applicable law, and working closely with the client to maximize efficiency without sacrificing quality. Although many disputes settle before trial, the Firm’s extensive preparation is geared to positioning its clients to achieve the strongest possible negotiating position in settlement negotiations, and obtaining a favorable result at trial if the matter proceeds. The Firm vindicates and enforces the rights of individuals and business entities who have been contractually, tortiously, and otherwise wronged by others. Such matters have included: Obtaining declaratory, injunctive, and related relief on behalf of an international music pubisher. The Firm overcame a wrongly obtained default judgment, conflicting claims asserted by adversaries and third parties in two different countries, and an attempt to litigate in a third country. Successfully defending an insurance brokerage against claims that they were responsible for lack of coverage of a loss of approximately $1,000,000. Litigating in state and federal court to pursue and retrieve almost $1,000,000 wrongly diverted from a non-profit. Resolving an intra-corporate stock and loan dispute in arbitration by obtaining an award of approximately $1,000,000 on behalf of a wrongly terminated senior executive/stockholder, The Firm overcame claims of conflict of interest, breach of fiduciary and contract, and conflict of interest. The Firm also represents individuals and business entities as claimants and defendants in dealings with government, regulatory, and administrative agencies in connection with statutuory violations, contract breaches, tortious conduct, and criminal behavior. Our experience with these cases is diverse and multi-faceted, including: 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 other persons involved. Advising 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. Counseling 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. Defending 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. Litigating on behalf 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. Representation of a non-profit whose Executive Director wrongly diverted approximately $1,000,000 over a period of years. Working closely with forensic accountants and the Attorney General of New York, the Firm was able to facilitate the indictment, conviction, and imprisonment of the Executive Director.