Commercial Litigation

David H. Berg, a renowned Houston commercial litigation lawyer with over 50 years of experience, has in-depth experience preparing and trying complex commercial matters, including actions involving antitrust claims, commercial contracts, securities fraud, mergers and acquisitions, corporate governance and dissolution, enterprise valuation, synthetic leasing and other forms of real estate finance, as well as insurance coverage claims.

As a trial lawyer, David has demonstrated the expertise and flexibility needed to represent financial institutions, investors, private and public corporations, high net-worth individuals, lenders and insurance companies. He is also well-versed in the logistical and legal issues which arise from electronic discovery and discovery involving cross-border litigations.

Types of Commercial Litigation Cases We Handle

Located in Houston, TX, David Berg specializes in a broad spectrum of cases, offering expert legal representation across various complex disputes:

Antitrust Litigation- Defending or prosecuting claims related to unfair business practices and monopolistic actions that hinder competitive markets.

Contract Disputes- Addressing issues arising from breaches of contract, including disputes over terms, performance, and enforcement in business transactions.

Shareholder and Partnership Disputes- Resolving internal conflicts within businesses, including disagreements among shareholders or partners regarding management, profit distribution, and operational direction.

Securities Fraud Litigation- Representing clients in cases of misrepresentation or deceit in the sale, purchase, or trading of securities.

Mergers and Acquisition Disputes- Handling legal complexities that arise during the merging or acquisition processes of companies, focusing on valuation and compliance issues.

Corporate Governance and Dissolution- Advising on matters related to the internal governance of companies and the legal aspects of business dissolution.

Real Estate and Construction Litigation- Managing contract disputes related to property transactions, construction contracts, and real estate finance, including synthetic leasing disputes.

Insurance Claims and Disputes- Advocating for clients in disputes over insurance coverage and liability, particularly in complex claims scenarios.

Intellectual Property Disputes- Protecting the rights and interests of clients regarding patents, trademarks, copyrights, and trade secrets.

Product Liability Claims- Defending manufacturers, distributors, and retailers in litigation arising from product defects that cause harm or injury.

Employment Litigation- Addressing disputes related to employment contracts, employee rights, and workplace regulations.

Each of these areas requires a nuanced understanding of the law, meticulous preparation, and a strategic approach to advocacy. Thankfully, you’re in luck, as these are all hallmarks of our practice!

Commercial Litigation Representations & Results

• Hundreds of plaintiffs/partners in a mass action alleging that plaintiffs were defrauded by Marriott Corporation in the management of several limited partnerships, resulting in a $420 million settlement.
• Acadia Ltd. Partners (now Oak Hill Partners), Robert Bass’s investment vehicle, in a lawsuit against a Florida real estate developer alleging that he had defrauded the company of $52 million, resulting in a verdict worth the “prayer” – $52 million.
• The Special Committee of Independent Directors of a publicly traded telecommunications company in shareholder derivative and class action litigation in New York and Delaware state courts.
• Johnson & Johnson Co. as lead counsel in successful defense of $54 million antitrust claim brought by a smaller company, resulting in a complete defense verdict by the jury after a seven week trial in federal district court in Southern California.
• A publicly traded real estate investment trust to recover its share of a $100 million “bad boy” guarantee of mezzanine debt that financed a national hotel chain.
• A Fortune 500 chemical company in an action arising out of the failure of an industrial chemical reactor that David Berg successfully tried to verdict.
• Ten international institutional investors in a fraud action filed in federal court in Chicago against an investment fund that misrepresented returns and other material terms and misappropriated investors’ funds.
• Shareholders of a tech start-up in a fraud action against a Spanish telecommunications giant for $120 million, resulting in a confidential settlement.
• Westinghouse as defendant in a protracted five month trial in which the South Texas Nuclear Project alleged that the company had sold it defective nuclear steam generators, ending in a confidential settlement before the case went to the jury.