Main Menu 2005 Summary FAQ's Contact Us Links Library Fees Our Clients News and Achievements Firm Philosophy Practice Areas Attorneys Who We Are Home

Our Attorneys

 
Michael A. Berg
tel: 914.517.5000
fax: 914.517.5055

Areas Of Practice
Commercial Litigation
Class Actions


Our Attorneys
Attorneys Biographies

Michael A. Berg


Michael A. Berg is a member of the firm's Litigation Department.  Michael has extensive experience in complex commercial litigation, including contract disputes, corporate and partnership matters, and securities and consumer fraud class actions.  He has represented commercial and investment banks, mutual fund advisers, media and publishing companies, insurance carriers and brokers, and manufacturing concerns. 

Michael won a significant victory for consumers in a nationwide class action challenging Costco Wholesale Corp.’s policy of backdating membership renewals.  In April 2010, the U.S. District Court for the Eastern District of New York approved a settlement that provided $38.8 million in benefits to more than 4.8 million class members.  The suit also resulted in changes in corporate policy that will save consumers an additional $87.2 million over seven years.  Michael deposed Costco’s witnesses and successfully briefed motions for class certification and for preliminary and final approval of the settlement.  He participated in developing the litigation strategy and in all aspects of the settlement negotiations.

 

Michael is litigating a similar class action challenging the membership backdating policy of Sam’s Club, the “members-only” retail chain owned by Wal-Mart Stores, Inc.  Michael successfully briefed and argued the case to the Appellate Division of the New York Supreme Court, which certified the case to proceed as a class action in October 2009.  Michael is involved in all aspects of the pretrial proceedings. Michael is also actively litigating proposed class actions challenging the membership renewal policy of the Automobile Club of Southern California; alleging a defect in a popular laptop computer; and attacking deceptive internet marketing practices.  In another consumer case in the Southern District of New York, Michael obtained an award of sanctions for the defendants’ obstructive tactics in discovery; the case was settled in March 2010.

In commercial cases, Michael represents investors who allege that they suffered multi-million-dollar losses in an unauthorized, unsuitable, and fraudulent investment with Wachovia Bank, N.A.  The suit was brought in New York Supreme Court; Michael successfully opposed a motion to compel the plaintiffs to arbitrate their claims against the bank (and its successor Wells Fargo Bank, N.A.).  Pre-trial proceedings are continuing. Michael also represented an executive who sought to recover the equity interests he was owed for leading a joint venture with a hedge fund management firm.  Michael participated in negotiations that resulted in a confidential settlement. 

Michael’s career achievements also include the following cases:
  • As senior associate attorney, Michael defended a mutual fund advisory firm against allegations that its investment advisory fees were "excessive" under federal law.  He authored a successful pretrial evidentiary motion that resulted in the case being voluntary dismissed by the plaintiffs.
  • Michael prepared a successful motion to dismiss a breach of contract action against a corporation accused of failing to pay its creditors a premium upon refinancing a $430 million credit agreement.  He also authored the successful appellate brief that preserved the trial court victory.
  • Michael second-chaired a jury trial in the U.S. District Court for the Southern District of New York, defending an investment firm that was accused of breaching an oral contract.  The jury returned a defendant's verdict.
  • Michael second-chaired a jury trial in the U.S. District Court for the District of New Jersey, defending a chemical production company against claims that it breached a contract with its software vendor.  The case settled on very favorable terms after eleven days of testimony.
  • Michael was the senior asociate on a trial team in Delaware Chancery Court, in a case that determined the rights of former corporate affiliates to continuing insurance coverage under the former corporate parent's excess liability policies.  The Court rendered a favorable judgment on liability.
  • Michael prosecuted a breach of contract action against an advertiser that failed to pay for air time purchased on a well-known cable television network.
  • Michael was principal author of a successful appellate brief for a publishing company that was sued by a former television executive over a failed joint venture.  The U.S. Court of Appeals for the Second Circuit vacated the trial court's decision against the company.
  • Michael represented a major New York investment bank in a securities fraud class action based on alleged misstatements and omissions in a stock analyst's research reports.  He authored legal memoranda that provided the basis for the dismissal of all claims against the client investment bank.

Before joining the firm, Michael was a litigator with prominent firms in New York City, including Simpson Thacher & Bartlett and Milbank, Tweed, Hadley & McCloy.  Michael graduated magna cum laude from New York University School of Law, where he was an editor of the Annual Survey of American Law and the author of an award-winning article on constitutional law.  After graduating from law school in 1996, Michael clerked for the Honorable Fortunato P. Benavides of the United States Court of Appeals for the Fifth Circuit.  Michael is a graduate of Dartmouth College and the Columbia School of Journalism, and he worked as a newspaper reporter before attending law school.

Martindale Hubbell biography

Associations / Affiliations / Awards
Westchester County Bar Association
Dartmouth Lawyers' Association
Send a message Email Michael A. Berg:  

Michael A. Berg in the news


Meiselman, Denlea, Packman, Carton & Eberz P.C.
Attorneys at Law

1311 Mamaroneck Avenue
White Plains, NY 10605
Tel: (914) 517-5000