Education
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Harvard Law School, J.D., cum laude, 1979
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University of Pennsylvania, M.A., B.A., summa cum laude, 1976
Bar Admissions
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District of Columbia
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New York
Court Admissions
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U.S. Courts of Appeals for the D.C. and Federal Circuits
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U.S. Courts of Appeals for the 1st, 2nd, 3rd, 4th, 5th, 7th and 9th Circuits
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U.S. Court of Federal Claims
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U.S. District Courts for the District of Columbia; Southern, Eastern and Western Districts of New York; Northern District of California; and Eastern and Western Districts of Texas
Awards and Honors
- Super Lawyers® – Business Litigation (2007, 2008, 2009)
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Mitch Berger is Co-Chair of the firm’s Litigation Department and has been litigating high-value commercial and enforcement disputes for 30 years throughout the United States, for plaintiffs and defendants, against private parties and government entities. He has tried numerous cases to judgment before judges and juries, and has argued in most federal, and several state, appellate courts. He has also represented targets and witnesses before committees of the U.S. Congress, and before federal prosecutors and agencies. He regularly counsels U.S. and overseas financial institutions, multi-national corporations, and foreign governments and their agencies.
Before joining the firm, he was an assistant U.S. attorney in Washington, D.C. and a trial lawyer at the U.S. Department of Justice, where he represented the government in major civil litigation in trial and appellate courts.
Representative Matters:
- Bluebonnet Savings Bank v. United States: Obtained $96.7 million judgment against the government for breach of contract to provide economically favorable regulation of savings and loans acquired out of government receivership.
- Mosten Management v. Zurich Insurance: After jury trial, obtained multi-million dollar judgments for commercial property owner for insurance benefits and attorneys fees, based on insurer’s bad-faith refusal to provide policy benefits.
- KGE Associates v. Lifeshares Group: On an unusual interlocutory appeal to the Georgia Court of Appeals, obtained summary judgment dismissing fraud and racketeering claims in connection with a commercial real estate transaction.
- Valassis Communications v. Weimer: At the trial and appeals court levels, successfully defended fraud claims in connection with venture capital company’s sale of internet-related business.
- Exxon Mobil Royalty and Contract Litigation: Defense and resolution of complex claims by federal and state governments, and private parties, for oil and gas royalty and severance tax on leases held by Mobil Oil entities.
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