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 has been litigating high-value commercial and enforcement disputes for more than 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 also represents targets and witnesses before committees of the U.S. Congress, federal enforcement agencies and grand juries. He regularly counsels U.S. and overseas financial institutions, multi-national corporations, and foreign governments and their agencies. He is currently a member of the firm’s Executive Committee and, for five years, served as co-chair of the firm’s Litigation Department.
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:
- Foreign Financial Institutions. Defeated wide-ranging claims of U.S. jurisdiction over Saudi Arabia’s largest bank in a high-profile multi-district litigation. In re Terrorist Attacks on Sept. 11, 2001, 2010 WL 2484411 (S.D.N.Y. June 17, 2010)(dismissal); In re Terrorist Attacks on Sept. 11, 2001, 2010 WL 185110 (S.D.N.Y. Jan. 13, 2010)(denying jurisdictional discovery).
- U.S. Financial Institutions. Obtained $96.7 million judgment against the U.S. government for breach of contract to provide economically favorable regulation of savings and loans acquired out of government receivership. Bluebonnet Savings Bank v. United States, 466 F.3d 1349 (Fed. Cir. 2006).
- Congressional & Federal Agency Investigations.
- Ongoing representation of multi-national financial institutions and corporations before the primary House and Senate oversight and investigations committees.
- Defense of Members of Congress before House Ethics Committee and government agencies.
- Commercial Litigation.
- 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. Mosten Management v. Zurich Insurance, 2003 WL 1949596 (9th Cir. 2003)(attorneys fees); Mosten Management v. Zurich Insurance, 1998 WL 445002 (9th Cir. 1998)(affirming liability judgment).
- 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. Savage v. KGE Associates, 260 Ga.App. 770 (2003).
- At the trial and appeals court levels, successfully defended fraud claims in connection with venture capital company’s sale of internet-related business. Valassis Communications v. Weimer, 304 A.D.2d 448 (N.Y. 1st Dept. 2003).
- Government Claims. Defense and resolution of complex claims by federal and state governments for oil and gas royalty and severance tax on leases held by Mobil Oil entities.
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