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David Bergman is a first-chair trial lawyer who represents a wide range of clients--including leading financial institutions, private equity funds, public and closely held companies, board committees, individuals, and foreign sovereigns and corporations--in complex commercial disputes. He has extensive experience in federal and state court litigation, domestic and international arbitration, and administrative and enforcement actions, including those brought by the OCC, FDIC, FTC, and SEC. Mr. Bergman represents plaintiffs and defendants in breach of contract, fiduciary duty, corporate governance, and fraud actions, including disputed merger and acquisition transactions, and defends against putative class actions and government enforcement actions presenting claims under securities, antitrust, banking, and consumer protection laws. He also maintains an active pro bono practice.

Experience

  • Mortgage originator EquiFirst Corp. in successful defense against claims of alleged breach of representations and warranties in connection with origination and securitization of residential mortgage loans. MASTR Asset Backed Securities Trust 2006-HE3 ex rel. U.S. Bank Nat. Ass'n v. WMC Mortg. Corp, et al., 843 F.Supp.2d 996 (D. Minn. 2012).
  • Leading international financial institution in week-long AAA arbitration trial against breach of contract claims brought by Fortune 500 corporate business partner. Defeated claims for more than US$40 million in damages as well as claim for specific performance that would have cost client additional tens of millions of dollars.
  • Financial institution in successful defense against state court action for breach of contract in connection with servicing for more than $100 million of loans . Won motion for summary judgment. Sherman Originator LLC v HSBC Taxpayer Services (NY County Supreme Court).
  • Financial institution in successful defense against federal court action for alleged breach of contract to originate billions of dollars in short-term loans. H&R Block v. HSBC (E.D.Mo. 2011).
  • Private equity firm in putative class action claiming WARN Act violations. Won motion for summary judgment. Cleary v. American Capital, Ltd., 59 F.Supp.3d 249 (D. Mass. 2014).
  • Private equity firm and members of board of directors in Delaware state court litigation asserting claims for breach of fiduciary duty in connection with failed portfolio company.
  • Large financial institution in litigating and negotiating a favorable settlement in connection with broken M&A transaction. Dispute involved contract for sale and acquisition of network of bank branches with hundreds of millions of dollars in deposits. Fifth Third Financial Corp. and Fifth Third Bank, N.A. v. First Horizon National Corp. and First Tennessee Bank National Association (Tennessee Chancery Court 2008).
  • "Big Five" accounting firm in successful defense against claims of fraud, negligence, and professional malpractice brought by New York Superintendent of Insurance.
  • Individual and institutional trustees in arbitration of dispute over administration of estate and related trusts. Defeated attempt to remove as trustees and obtained removal of co-trustee.
  • National bank in arbitration dispute with service provider. Obtained favorable settlement.
  • Estate of prominent investor and philanthropist in federal court action brought by creditor. Defeated motion for Preliminary Injunction over claims of fraudulent transfer. T.D. Bank v. Pearl, 891 F.Supp.2d 103 (D.D.C. 2012).
  • DC real estate developer in dispute with partners concerning ownership and management of hotels and apartment buildings worth in excess of US$200 million. Claims for breach of fiduciary duty, breach of contract, and fraud. Obtained favorable settlement.
  • Lawyer in federal court action for claims of defamation. Won motion to dismiss. Marsh v. Hollander, 339 F.Supp.2d 1 (D.D.C. 2004).

Recognition

The Legal 500 US
Financial Services: Litigation (2012)

Credentials

Education
  • JD, Northwestern University School of Law, 1991
  • BA, Haverford College, 1986
Admissions
  • District of Columbia
  • Numerous Federal Courts
  • Pennsylvania (retired)
Overview

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