Berg & Androphy

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David Berg | Joel Androphy | Geoffrey Berg

David Berg

  • David Berg, representing the City of Houston, obtained 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."
  • In 2004, David Berg 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.
  • David Berg obtained a $4.6 million 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.

    For more information please visit the NY Times's October 17, 2002 article entitled "A $4.6 Million Judgment In a Battle of Sports Agents."
  • $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.
  • David Berg, settled a $100 million dispute for Plaintiff Interamericas Financial Holding Company in federal district court in Galveston.
  • David Berg 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.
  • David Berg won a jury verdict worth $52 million to his 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.
  • David Berg won a patent infringement case for Samsung that had threatened its billion dollar business manufacturing liquid crystal displays for laptop computers. Following an eight-day evidentiary hearing, a federal judge held that the plaintiff had fraudulently obtained his patent and dismissed the lawsuit. That decision was recently affirmed.
  • In 1997, David Berg acted as lead lawyer for Susan McDougal in the appeal of her Whitewater conviction.
  • David Berg 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.
  • David Berg represented Samsung Electronics in a case against Texas Instruments, 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 and to dismiss nine patent infringement cases against Samsung world-wide.
  • David Berg 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.
  • David Berg 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.
  • David Berg won a record-setting $12.5 million verdict for surviving family members of a young mother killed in a train-car collision.
  • David Berg 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.
  • David Berg 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.
  • 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.
  • 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 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.

Geoffrey Berg

  • Geoffrey Berg represented approximately 100 residents who sued over the condition of their apartments and common areas. Settled during trial for a confidential sum. No. 2003-33350; Michelle Perez, et al. v. Pinnacle Realty Management, Inc. d/b/a Pinnacle Realty Management Company and Wentwood Lakeside I, L.P.; In the District Court of Harris County, Texas, 190th Judicial District.
  • Geoffrey Berg, with David Berg, represented Samsung Electronics in a suit against Texas Instruments regarding a royalty-related contract dispute. Settled after three weeks of trial. Samsung v. Texas Instruments; In the District Court of Fort Bend County, Texas; 268th Judicial District.
  • Geoffrey Berg, with Andrew Golub, represented an individual against his former employer for age discrimination. Settled during trial for a confidential amount. C.A. No. H-02-0108; Walter French v. Navasota Industrial Supply, Ltd., In the United States District Court for the Southern District of Texas.
  • Geoffrey Berg, with Sanford Dow, represented a homeowner whose property had been damaged by a neighboring developer. Settled during trial for a confidential sum. Cause No. 762, 351; Iris Silvers vs. Abercrombie Builders, Inc.; In the County Civil Court at Law Number Two (2) of Harris County, Texas.
  • Geoffrey Berg, with Sanford Dow, represented a small software development firm against a giant oil services corporation for breach of partnership by implication. Defense verdict. Cause No. 2003-00451; Offsite Management Systems, LLC vs. FMC Technologies, Inc.; In the 55th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg, with Sanford Dow, represented a restaurant in a lease dispute with its landlord. Plaintiff’s verdict. Cause No. 2003-50812; Taqueria El Rincon De Mexico, Inc. vs. Milagro Garcia De Lapaz; In the 55th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg represented a debtor in a commercial loan. The Defendant, a citizen of Pakistan, did not appear at trial. Cause No. 2004-10537; Chinkara Capital Limited vs. Proma (USA), Inc. and Tariq Mumtaz; In the 80th Judicial District Court of Harris County Texas.
  • Geoffrey Berg, with David Berg, represented the Chairman of the Board of Regents of Texas A&M University who was accused of misappropriation of state funds. Cause No. 24,423085; The State of Texas v. Ross Margraves; In the 85th Judicial District Court of Brazos County, Texas.
  • Numerous misdemeanor criminal trials in Harris County, Texas.
  • Geoffrey Berg served as lead counsel for plaintiffs in a five state class action against SBC Communications, Inc. and related entities for misrepresentations in the provision of DSL Internet service. Settled in 2004 for more than $5,600,000 with $1,200,000 in fees and expenses. Cause No. 00-4540-E; McLaughlin, et al. v. SBC Communications, Inc., et al.; In the 347th Judicial District Court, Nueces County, Texas.
  • Geoffrey Berg represented an individual and a corporation which first filed suit in Wisconsin and were later sued in state district court in Orange County, Texas. Following removal, the case was transferred on defense motions to the Western District of Wisconsin. Cause No. 08-311; Cloeren Incorporated v. Gary Oliver and Extrusion Dies Industries, LLC; in the United States District Court for the Eastern District of Texas, Beaumont Division.
  • Geoffrey Berg represented a company which had been sued along with its sister company in arbitration. Successfully briefed and argued a motion to dismiss. HPI, Inc. v. GMA USA; In Arbitration in Houston, Texas.
  • Geoffrey Berg represented partners and firm in suit by a defendant in an unrelated matter. Sought and, following an evidentiary hearing, obtained as sanctions against plaintiff and his attorney: dismissal with prejudice and $5,000. No. 2006-55425; Steinocher v. Dow Golub Berg & Beverly, LLP, et al.; In the 164th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg represented a Houston-area commercial transport company. The plaintiff, seeking around one million dollars in damages, claimed the transport company lost a shipment of denim en route to a factory in Mexico. On defense motion, the suit was dismissed with prejudice prior to trial. CA No. H-04-1448; Meri-Tex International, Ltd. vs. Benchmark Worldwide Transport, Inc.; In the United States District Court for the Southern District of Texas, Houston Division.
  • Geoffrey Berg represented two Israelis who had been sued in a multi-million dollar breach of contract case in Federal District Court in the Northern District of Texas. The case was dismissed based on defense motions. TPG Partners III, LP v. Kronfeld, et al; Civil No. 401-CV-0895-A; In the United States District Court for the Northern District of Texas, Fort Worth Division.
  • Geoffrey Berg represented a Lutheran Minister in a criminal matter. Obtained an order suppressing evidence which lead to the dismissal of all charges. Cause No. 4:99-cr-00178; United States v. Carlson; In the United States District Court for the Southern District of Texas.
  • Geoffrey Berg represented a group of creditors against a debtor and his publicly traded company. Obtained judgment against the debtors for the full amount of the note, plus pre and post judgment interest and attorneys’ fees. Sachnowitz, et al. v. George T. Sharp, et al.; No. 2002-06647; In the District Court of Harris County, Texas; 334th Judicial District. When the debtors failed to comply with a post-judgment collection agreement, a second suit was filed and judgment obtained awarding the full amount of relief sought. No. 2003-59016; Sachnowitz, et al. v. Sharp Holding Company, et al.; In the District Court of Harris County, Texas; 334th Judicial District.
  • Geoffrey Berg defended a Houston radio station in a suit for slander and libel. The suit was dismissed on the defendant’s motion. Civil Action No. 99-4030; Melendres v. Infinity Broadcasting Corporation; In the United States District Court for the Southern District of Texas, Houston Division.
  • Geoffrey Berg achieved a successful mandamus in the Supreme Court of Texas compelling the inclusion of a Democratic judicial candidate on the ballot against an otherwise unopposed Republican incumbent. The Republican incumbent was represented by former Supreme Court Chief Justice Tom Phillips. In Re Jim Sharp, 186 S.W.3d 556 (Tex. 2006).
  • Geoffrey Berg successfully defended an order denying a defendant’s motion to disqualify trial counsel. In Re Melawer, 2003 WL 359070 (Tex. App. -- [14th Dist.], 2003).
  • Geoffrey Berg achieved a successful reversal of a conviction for misappropriation of state funds for personal use. Margraves v. State, 34 S.W.3d 912, (Tex. Crim. App. 2000) (later reversed by Margraves v. State, 34 S.W.3d 912 (Tex. Crim. App. 2000).
  • Geoffrey Berg successfully defended an anti-suit injunction entered in the client’s favor at the trial court. AutoNation, Inc. v. Hatfield, 186 S.W.3d 576 (Tex. App.-- Houston [14th Dist.], 2005), reh'g overruled, (Feb. 2, 2006) (later reversed by In re AutoNation, 228 S.W. 3d 663, 670 (Tex. 2007).
  • Geoffrey Berg obtained a favorable settlement for an online aeronautical educational company in a suit to dissolve a joint venture. The client had been sued for dissolution and responded by filing a counterclaim. Less than two months after the counterclaim had been filed, the plaintiff agreed to settle by paying the company a confidential sum. Cause No.2002-54110; Northrop Rice USA, Inc. vs. Aeronautics Innovation, Inc.; In the 127th Judicial District Court of Harris County, Texas.
  • While a motion for summary judgment was pending, Geoffrey Berg obtained a favorable settlement for a film production company in a suit by a woman who claimed that an actress employed by the client had used her name without authorization in an adult film produced by the client. Cause No. 2007-38998; Syvette Wimberly v. Vivid Entertainment Group and Lara Madden; In the 234th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg obtained a favorable settlement on the eve of trial for a family which had been negligently poisoned at a Taco Bell restaurant in Harris County, Texas. Cause No. 2006-47670; McDuffie, et al. v. YUM! Brands, Inc., et al.; In the 129th Judicial District Court of Harris County, Texas.
  • Geoffrey Berg, with David Berg, represented an online business which had entered into a joint venture with Latin America’s largest telecommunications company. The plaintiff sought $120 million. Following extensive discovery and dispositive motions, the parties reached a favorable confidential settlement. Cause No. CV 00157 JM; Bidland Systems, Inc. v. Telefonica, S.A., et al.; In the United States District Court for the Southern District of California, San Diego Division.
  • Geoffrey Berg, with David Berg, represented the plaintiffs in a mass action against the Marriott Corporation. The plaintiffs alleged fraud in the inducement by Marriott in convincing them to enter into limited partnerships with the hotel chain. Following extensive discovery and summary jury trial, the case settled for $425 million. Cause No. 96CI-08327; Whitey Ford, et al. v. Host Marriott Corporation, et al.; In the District Court of Bexar County, Texas, 285th Judicial District.
  • Geoffrey Berg, with Joel Androphy, represented a group of boys who had been molested by a Catholic Priest. The plaintiffs alleged that the leadership of the church knew about the molestation and helped the priest flee the country. Following extensive discovery, including the deposition of the Archbishop of San Antonio, the case settled for a confidential sum. The church additionally agreed to publicly read an apology to the boys and their families during a Sunday service at the church they attended. 95-4862-E; Arredondo, v. Most Rev. Rene H. Gracida, Bishop of the Diocese of Corpus Christi, et al.; In the 148th Judicial District Court of Nueces County, Texas and No. S-96-5841-CV-A; Rodriguez, et al vs. Father Jesus Garcia, et al; In the 36th Judicial District Court of San Patricio County, Texas.
  • Geoffrey Berg represented a central Texas plant worker who had been injured on the job by a malfunctioning fence. The claim was settled for policy limits before filing suit.
  • Geoffrey Berg represented a nursing home patient against a large health care institution which resulted in a favorable confidential settlement.
  • Geoffrey Berg represented a former high-level employee of a lumber company. The employee had been sued for breach of his non-competition agreement, misappropriation of trade secrets and copyright violations. Following extensive discovery and the filing of dispositive motions, the case settled favorably on a confidential basis.

*Results obtained depend on the facts of each case.