Results
David Berg | Joel Androphy | Sarah Frazier
David Berg
2011
Successfully represented Defendant XO Communications Special Committee in New York Supreme Court in action by shareholders to enjoin going-private sale to Carl Icahn; Judge Charles E. Ramos denied the injunction August 18, 2011 and the sale was concluded.
2010
Successfully represented Plaintiff Anthony G. Petrello in a lawsuit filed in the Eastern District of New York in 2001 seeking specific enforcement of a 1998 Contract of Sale of 10 oceanfront acres in Sagaponack, New York to himself by John White. After a long procedural battle, United States District Judge Dennis Hurley ordered the property transferred to Petrello and his order was affirmed after argument in the Second Circuit Court of Appeals in 2009. The property was finally transferred to Petrello in July, 2010.
2006
Represented XO Communications Special Committee in Chancery Court in Delaware in case seeking to stop certain corporate transaction. Case settled.
2005
Successfully represented the City of Houston pro bono, obtaining an unprecedented agreement with Texas Petrochemicals LP, under the terms of which TPC agreed to halve its production of the carcinogen, 1,3 butadiene, and all but end its effect on surrounding neighborhoods. Mr. Berg, at the request of Mayor Bill White, handled the matter on a pro bono basis.
For more information, visit the Houston Chronicle’s August 15th article entitled, "Tapping the Bar."
2005
Co-lead counsel (with colleague Larry Byrne of Linklater) representing Defendant Deutsche Bank in Enron Class Action in the Southern District of Texas. United States District Judge Melinda Harmon granted summary judgment and the case again Deutsche Bank was dismissed.
2004
Obtained a confidential settlement for the plaintiffs in Bidland v. Telefonica, in which Bidland sought $120 million in damages for fraud in the companies' aborted joint venture. The case was filed in the Southern District of California, San Diego Division.
2003
Along with his son, Gabe, David obtained a $4.6 million jury verdict for basketball sports agent Eric Fleisher and his company, Assist Sports Management ("ASM") in the Supreme Court of New York, in Manhattan. The jury found that the former president of Fleisher's company breached his fiduciary duty by unlawfully taking such superstar clients as Kevin Garnett, of the Minnesota Timberwolves, when he left to join another agency. Case settled before appeal.
For more information please visit the NY Times’ October 17, 2002 article entitled "A $4.6 Million Judgment in a Battle of Sports Agents."
1999
$420 Million settlement. On February 24, 2000, David Berg, as plaintiffs' lead counsel, obtained a $420 Million settlement of a suit filed on behalf of thousands of limited partners of Marriott International and Host Marriott involving six different partnerships. Cause No. 96-CI-08327; A.R. Milkes and D.R. Burklew, et al. v. Host Marriott Corp., et al.; 285th Judicial District Court. The case, filed in 1996 in Judicial District Court of Bexar County (San Antonio), Texas, alleged breach of fiduciary duty and fraud against Marriott and was scheduled for trial on February 29th, 2000.
For more information, visit the NY Times, Washington Post, Associated Press, Chicago Sun Times, CNNfn.com, Houston Chronicle and other major news archives for Friday, February 25, 2000.
1999
Settled a $100 million dispute for Plaintiff Interamericas Financial Holding Company in district court in Galveston.
1999
Negotiated a confidential settlement with Menil Foundation on behalf of a former Board Member. For details of the case, please see the Houston Chronicle of July 9, 1999.
1998
As lead counsel, David obtained a jury verdict in district court in Orange County, Florida piercing the corporate veil of a Florida land developer, resulting in a $52 million recovery for the client, Acadia Partners, L.P., the private investment group of Texan Robert Bass The suit, filed against a Florida real estate developer and his law firm (which settled prior to trial), alleged fraud in inducing Acadia to invest in his business. Verdict affirmed on appeal.
1998
Represented Samsung as defendant in patent infringement case filed in EDVA that had threatened its billion dollar liquid crystal displays for laptop computers. Following an eight-day evidentiary hearing, United States District Judge T.S. Ellis held that the plaintiff had fraudulently obtained his patent and dismissed the lawsuit. That decision was affirmed on appeal.
1997
David Berg acted as lead lawyer for Susan McDougal in the appeal of her Whitewater conviction.
1997
With his son, Geoff, represented Defendant Stephanie Savage, accused of murdering her husband, in the 248th District Court of Harris County, Texas. Jury acquittal after 8 days of trial.
1996
David Berg successfully represented Samsung Electronics in a case against Texas Instruments, in Judge Brady Elliot’s district court in Ft. Bend County, which alleged fraud by TI related to a high-tech royalty agreement. The case settled before jury arguments, with TI agreeing to reduce Samsung's royalty payments by fifty percent, increase its patent coverage from 35% to 80% of all TI patented products and to dismiss nine patent infringement cases against Samsung world-wide.
1995
Settled a mass action against Marriott Corporation, a suit filed on behalf of limited partners in the Chesapeake Limited Partnerships, alleging fraud in the inducement and millions of dollars in damages.
1995
Represented Westinghouse as lead counsel in a suit brought by the South Texas Nuclear Project alleging fraud by Westinghouse in its sale of nuclear steam generators. After five months of trial, the parties reached a confidential settlement.
1994
Negotiated a $4.25 million settlement for the survivors and estate of a young mother, Katrina Maria Uribe, a Mexican national, who had come to El Paso to give birth to her second child. She was shot and killed in the presence of her family, when an employee of E-Systems, Inc., a CIA-funded defense contractor, fired his semiautomatic weapon from an adjoining hotel room.
1992
Represented Plaintiff Mercedes Khajavi against local doctor in medical malpractice case and obtained a jury verdict of $500,000.
1991
David won a record-setting $12.5 million jury verdict for surviving family members of a young mother killed in a train-car collision.
1991
David won a unanimous verdict for Robert Sakowitz, Houston's "Merchant Prince," who had been accused in a civil suit of fraud and mismanagement of his father's estate.
1990
As co-counsel, obtained a $19 million jury verdict against local law firm.
1982
David assisted Morris Dees of the Southern Poverty Law Center in a suit against the KKK, which resulted in an injunction shutting down their paramilitary training camps and restraining them from harassing Vietnamese Fishermen along the Texas Gulf Coast.
1978
Using the battered wife defense for the first time in Texas, David Berg won an acquittal for a woman accused of murdering her husband and transporting his dismembered body across the country in the trunk of her car.
1970
David Berg argued and won a case in the United States Supreme Court, reversing his client's conviction for his part in an antiwar demonstration and legitimizing "guerrilla theater" as a form of protest (United States v. Schacht, 90 S.Ct. 1555; 398 U.S. 58).
Joel Androphy
- Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Children's Physician Services of South Texas, Driscoll Genetic Services, Center for Genetic Services, and Radiology Associates, who agreed to pay $2.3 million to settle civil allegations that they engaged in false or fraudulent conduct by double-billing the Texas Medicaid program, TRICARE, and the Federal Employee Health Benefit Program for the professional reading and interpretation of genetic ultrasounds.
- Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Baylor University Medical Center, Baylor Health Care System, and HealthTexas Provider Network (collectively Baylor) in a qui tam action in the United States District Court. Baylor agreed to settle civil charges that they engaged in false or fraudulent conduct by improperly billing federal healthcare programs for robotic stereotactic treatment delivery without corroboration of direct physician supervision and overbilling for services associated with stereotactic procedures without the necessary documentation in the medical record or as duplicative claims for services already performed and paid in conjunction with other services. The settlement netted the clients and government approximately $880,000.
- Joel Androphy, Sarah Frazier and Ashley Gargour won an acquittal of a U.S. executive accused of Foreign Corrupt Practices Act (FCPA) violations and payments made to officials of a Mexican state-owned electric utility on January 18, 2012, after a jury trial in Houston federal court. More Info.
- Joel Androphy and Sarah Frazier obtained 4 acquittals of a prominent cancer doctor accused of insurance fraud by four major insurance companies. The trial involved billing for the drug Herceptin.
- Joel Androphy and Kathryn Nelson obtained a dismissal of all environmental criminal charges against a Spanish maritime company. The international maritime company rejected all attempts by the federal government to obtain corporate pleas.
- Joel Androphy, Sarah Frazier and Kathryn Nelson won a settlement with American Grocers in a qui tam action in United States District Court. The case involved the alteration of expiration dates on food products sent to American troops in the Middle East. The settlement netted the client and the government about $13.7 million.
- Joel M. Androphy and Kathryn Nelson obtained an acquittal of a Greek maritime officer accused of environmental charges by the Department of Justice in a “magic pipe’ pollution trial. There are only 2 other reported acquittals in the history of these prosecutions.
- Joel M. Androphy represented one of the nine whistleblowers and won a settlement with Eli Lilly in a civil qui tam action in U.S. District Court. The case involved off-label marketing of the drug Zyprexa. This civil settlement netted the government and all whistleblowers about $750 million. The government will also receive an additional $600 million in criminal fines.
- Joel Androphy won a settlement with King Pharmaceuticals in a qui tam action in United States District Court. The case involved the underpayment of Medicaid rebates, false claims, and best price violations. This settlement netted the client and government about $119 million.
- Joel Androphy won a settlement
with Pfizer in a qui tam action in U.S. District Court. The case involved the underpayment of medicaid rebates,
false claims and best price violations for the drug Lipitor. The settlement netted the client and government about $46 million.
For more information see the Wall Street Journal, Washington Post, National Law Journal and other major news archives for October 29, 2002. - Joel Androphy and Sarah Frazier won a settlement with Rotech Healthcare, Inc. in a qui tam action in United States District Court. Rotech paid $2 million to settle civil charges that it engaged in false or fraudulent conduct in billing Medicare for durable medical equipment. The government declined intervention. This settlement netted the client and government about $1.78 million. The negotiated settlement amount was a reflection of Rotech’s stock price of 34 cents per share at the time of settlement, down from $21 in early 2004 when Ms. Bell-Messier filed suit.
- Joel Androphy, along with Pat Cooney of Houston's Royston Razor, has recently successfully defended an international maritime company from environmental criminal charges. The Department of Justice decided to conclude a year long investigation without filing any criminal indictments. The international company rejected all attempts by the federal government to obtain corporate pleas.
- Joel Androphy obtained a dismissal of a federal indictment for computer crimes after the court suppressed evidence obtained pursuant to an unlawful search warrant.
- Joel Androphy obtained a substantial confidential settlement in a pipeline explosion case.
- Joel Androphy obtained a judgment in a breach of contract suit in federal court.
- Joel Androphy defeated the Securities and Exchange Commission in a federal fraud suit for injunctive relief.
- Joel Androphy obtained a federal jury acquittal on 11 counts of mail fraud and money laundering for a Dallas chiropractor accused of participating in an insurance fraud.
- Joel Androphy won a reversal and acquittal on appeal to the 5th Circuit Court of Appeals in Melawer, et al. v. United States; 5th Cir. No. 98-20758.
- Joel Androphy obtained a confidential settlement, including a public apology, in four cases filed against the Catholic Church, on behalf of four men who alleged they had been sexually molested by a priest when they were minors.
- Joel Androphy obtained a confidential settlement in a case alleging negligent treatment of an 88 year old woman at a nursing home.
- Joel Androphy obtained a dismissal in state court of a multi-million dollar fraud, conspiracy and breach of contract suit against his client, a temporary employment service.
- Joel Androphy won a reversal in state court for a doctor charged with criminal contempt.
- Joel Androphy obtained a substantial, confidential settlement for the survivors of a young father who, Androphy alleged, was beaten to death in the Pasadena city jail.
- Joel Androphy won a reversal in the federal court of appeals for an executive charged with counterfeit trafficking under the Trademark Counterfeiting Act.
- Just before trial, Joel Androphy obtained a settlement from the City of Houston for the estate of a teenager who died while in police custody. The settlement netted the client about $240,000.
- Joel Androphy obtained a $179,000 verdict in a case he tried pro bono on behalf of a dying AIDS victim whose assets had been swindled by a caregiver, the first case of its kind in Houston.
- During trial, Joel Androphy negotiated a substantial settlement for a former NASA official who was falsely arrested and incarcerated by U.S. marshals.
- Joel Androphy won an acquittal in federal court for a bankruptcy auctioneer accused of defrauding bankruptcy estates.
- Joel Androphy won an acquittal in federal court for two brothers accused of money laundering and currency violations.
- Joel Androphy negotiated a $2 million settlement on behalf of a major shareholder claiming fraud in the operation of a local bank.
- Joel Androphy won an acquittal in federal court for the president of a mortgage firm charged with bank fraud.
- Joel Androphy negotiated a settlement on behalf of a major shareholder claiming fraud in the operation of a local bank. The settlement netted the client about $1,965,000.
Sarah Frazier
- Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Children's Physician Services of South Texas, Driscoll Genetic Services, Center for Genetic Services, and Radiology Associates, who agreed to pay $2.3 million to settle civil allegations that they engaged in false or fraudulent conduct by double-billing the Texas Medicaid program, TRICARE, and the Federal Employee Health Benefit Program for the professional reading and interpretation of genetic ultrasounds.
- Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Baylor University Medical Center, Baylor Health Care System, and HealthTexas Provider Network (collectively Baylor) in a qui tam action in the United States District Court. Baylor agreed to settle civil charges that they engaged in false or fraudulent conduct by improperly billing federal healthcare programs for robotic stereotactic treatment delivery without corroboration of direct physician supervision and overbilling for services associated with stereotactic procedures without the necessary documentation in the medical record or as duplicative claims for services already performed and paid in conjunction with other services. The settlement netted the clients and government approximately $880,000.
- Joel Androphy, Sarah Frazier and Ashley Gargour won an acquittal of a U.S. executive accused of Foreign Corrupt Practices Act (FCPA) violations and payments made to officials of a Mexican state-owned electric utility on January 18, 2012, after a jury trial in Houston federal court. More Info.
- Joel Androphy and Sarah Frazier obtained 4 acquittals of a prominent cancer doctor accused of insurance fraud by four major insurance companies. The trial involved billing for the drug Herceptin.
- Joel Androphy, Sarah Frazier and Kathryn Nelson won a settlement with American Grocers in a qui tam action in United States District Court. The case involved the alteration of expiration dates on food products sent to American troops in the Middle East. The settlement netted the client and the government about $13.7 million.
- Joel Androphy and Sarah Frazier represented one of the nine whistleblowers and won a settlement with Eli Lilly in a civil qui tam action in U.S. District Court. The case involved off-label marketing of the drug Zyprexa. This civil settlement netted the government and all whistleblowers about $750 million. The government will also receive an additional $600 million in criminal fines.
- Joel Androphy and Sarah Frazier won a settlement with Rotech Healthcare, Inc. in a qui tam action in United States District Court. Rotech paid $2 million to settle civil charges that it engaged in false or fraudulent conduct in billing Medicare for durable medical equipment. The government declined intervention. This settlement netted the client and government about $1.78 million. The negotiated settlement amount was a reflection of Rotech’s stock price of 34 cents per share at the time of settlement, down from $21 in early 2004 when Ms. Bell-Messier filed suit.
Rachel Grier
- Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Children's Physician Services of South Texas, Driscoll Genetic Services, Center for Genetic Services, and Radiology Associates, who agreed to pay $2.3 million to settle civil allegations that they engaged in false or fraudulent conduct by double-billing the Texas Medicaid program, TRICARE, and the Federal Employee Health Benefit Program for the professional reading and interpretation of genetic ultrasounds.
- Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Baylor University Medical Center, Baylor Health Care System, and HealthTexas Provider Network (collectively Baylor) in a qui tam action in the United States District Court. Baylor agreed to settle civil charges that they engaged in false or fraudulent conduct by improperly billing federal healthcare programs for robotic stereotactic treatment delivery without corroboration of direct physician supervision and overbilling for services associated with stereotactic procedures without the necessary documentation in the medical record or as duplicative claims for services already performed and paid in conjunction with other services. The settlement netted the clients and government approximately $880,000.
Ashley Gargour
- Joel Androphy, Sarah Frazier and Ashley Gargour won an acquittal of a U.S. executive accused of Foreign Corrupt Practices Act (FCPA) violations and payments made to officials of a Mexican state-owned electric utility on January 18, 2012, after a jury trial in Houston federal court. More Info.
*Results obtained depend on the facts of each case.
