David Berg | Joel Androphy

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 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, 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.

*Results obtained depend on the facts of each case.