Mitch Berger has been litigating high-value commercial and enforcement disputes for more than 35 years throughout the US, 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 regularly counsels US and overseas financial institutions, multinational corporations and foreign governments, agencies and officials. He also represents targets and witnesses before committees of the US Congress, federal enforcement agencies and grand juries.

Mitch serves as global co-chair of our Litigation Practice.

Before joining the firm, he was an assistant US attorney in Washington DC and a trial lawyer at the US Department of Justice, where he represented the government in major civil litigation in trial and appellate courts.

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Foreign Financial Institutions

  • Defeated wide-ranging claims of US jurisdiction over Saudi Arabia’s largest bank in a high-profile multidistrict litigation. O’Neill, 714 F.3d 659 (2d Cir. 2013).
  • Obtained dismissal of foreign-law claims against one of the “big four” Chinese banks. Wultz., 2012 WL 5431013 (S.D.N.Y. Nov. 5, 2012) and 2013 WL 1641179 (S.D.N.Y. Apr. 16, 2013).

US Financial Institutions

  • Obtained US$96.7 million judgment against the US government for breach of contract to provide economically favorable regulation of savings and loans acquired out of government receivership. Bluebonnet Savings Bank, 466 F.3d 1349 (Fed. Cir. 2006).

Foreign Governments and Officials

  • Obtained a landmark jurisdictional decision reversing a US$655.5 million judgment – stayed pending appeal – against foreign government clients. Waldman, 835 F.3d 317 (2d Cir.2016).
  • Established key appellate precedent confirming due process protection against US jurisdiction for foreign government. Livnat, 851 F.3d 45 (D.C. Cir. 2017).
  • Won affirmance of summary judgment in favor of foreign government on evidentiary grounds. Gilmore, 843 F.3d 958, 962 (D.C. Cir. 2016).
  • Obtained dismissal of claims against foreign head of state based on official immunity. Manoharan, 711 F.3d 178 (D.C. Cir. 2013).
  • Ongoing defense of foreign governments, agencies and officials.

Commercial Litigation

  • After jury trial, obtained multimillion-dollar judgments for a commercial property-owner, an affiliate of a Middle East sovereign wealth fund, for insurance benefits and lawyers’ fees, based on insurer’s refusal to provide policy benefits. Liability judgment and lawyers’ fees affirmed before the Ninth Circuit Court of Appeals.
  • On an unusual interlocutory appeal to the Georgia Court of Appeals, obtained a summary judgment dismissing fraud and racketeering claims in connection with a commercial real estate transaction. Savage, 260 Ga.App. 770 (2003).
  • At the trial and appeals court levels, successfully defended fraud claims in connection with a venture capital company’s sale of internet-related business. Valassis Communications, 304 A.D.2d 448 (N.Y. 1st Dept. 2003).

Congressional and Federal Agency Investigations

  • Representation of financial institutions and major corporations before the primary House and Senate oversight and investigations committees and federal regulators.

Government Claims

  • Defense and resolution of complex claims by federal and state government agencies relating to the energy and financial services sectors.

Education

  • Harvard Law School, J.D., cum laude, 1979
  • University of Pennsylvania, M.A., B.A., summa cum laude, 1976

Admissions

  • District of Columbia, 1985
  • New York, 1980

Courts

  • 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
  • U.S. Courts of Appeals for the District of Columbia, Federal, 1st, 2nd, 3rd, 4th, 5th, 7th and 9th Circuits
  • U.S. Court of Federal Claims
  • U.S. Tax Court
  • U.S. Supreme Court
  • Recognized Individual, General Corporate, Benchmark Litigation, 2013, 2014
  • Washington, D.C. Super Lawyers – Business Litigation, 2007, 2008, 2009, 2012

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