Houston, TX
Commercial real estate Lawyer at Houston, TX
Practice Areas: Commercial, Lawsuits & Disputes, White Collar Crime
OUTCOME: Injunction denied; Icahn buys back XO and the Special Committee is dismissed from the case on summary judgment
Represented XO Communications Special Directors in suits seeking to block sale and for damages of XO to Icahn's business holding company.
OUTCOME: Specific performance granted
2010 Successfully represented Plaintiff Anthony G. Petrello in a lawsuit filed in the EDistrict of New York in 2001 seeking specific enforcement of a 1998 Contract of Sale of 10 oceanfront acres in Sa ... gaponack, New York to himself by John White. 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.
OUTCOME: Defendant agreed to install $12 million of "recapture" equipment, reducing the carcinogen it emitted to statistically insignificant levels
Successfully represented the City of Houston pro bono, obtaining an unprecedented agreement with Texas Petrochemicals LP, under 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.
OUTCOME: Dismissed on summary judgment
As co-lead counsel with colleague Larry Byrne, represented Defendant Deutsche Bank in an Enron-related class action suit in the Southern District of Texas. United States District Judge Melinda Harmon ... granted summary judgment and the case against Deutsche Bank was dismissed.
OUTCOME: Jury verdict for client of $4.6 million
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.”
OUTCOME: Verdict (fraud/pierced corporate vail) worth $52 million
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, A ... cadia 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.
OUTCOME: Case against client, Samsung, dismissed following evidentiary hearing on fraudulent inducement in obtaining a patent
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 hearin ... g, 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.
OUTCOME: Conviction affirmed
David Berg acted as lead lawyer for Susan McDougal in the appeal of her Whitewater conviction. Also represented her when she was found guilty of contempt for refusing to testify about an alleged affai ... r with President Clinton
OUTCOME: Settled
David Berg successfully represented Samsung Electronics in a case against Texas Instruments in 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.
OUTCOME: Acquittal
The defendant was accused of shooting, killing, dismembering her husband and fleeing to California, where she was arrested while burying his remains. For the first time in TX, Berg used the battered wi ... fe defense.
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