Jed I. Bergman focuses on complex commercial litigation, with a particular emphasis on sophisticated financial transactions and procedurally challenging, multi-forum disputes. He has successfully represented corporations, investment funds, and individuals at all stages, from pre-suit investigation through trial and appeals, in state and federal courts. In recent years, Jed’s practice has focused particularly on issues of in pari delicto; commercial cases presenting overlapping tort, contract, and fiduciary duty claims; shareholder activism; and disputes over revenue-sharing, earnout, and similar agreements.
Clients in a wide range of industries have relied on Jed to handle their most challenging representations, including the investment fund, real estate, telecommunications, medical device, gaming, insurance, electronics, natural resources, retail, apparel, publishing, and consumer products industries, among others.
Jed is recognized as a "Future Star" in Benchmark Litigation. Prior to joining the firm, Jed was a litigator at Wachtell, Lipton, Rosen & Katz, and served as a law clerk to the Hon. Amalya A. Kearse of the United States Court of Appeals for the Second Circuit.
Work Highlights
- MatlinPatterson, a global asset manager, and certain principals, in securing the dismissal of $123 million breach of fiduciary duty claims brought by a minority shareholder of portfolio company DuCool. The minority shareholder had alleged that our clients, including directors and officers of DuCool, had breached their fiduciary duties in managing the company, diluting the plaintiff’s equity interest.
- A renewable power company in a dispute with its prior private-equity owners over a purported nine-figure earnout payment.
- An investment fund in defending against litigation brought by a subsidiary company’s founder and former controlling shareholder.
- Dr. G. David Jang, plaintiff in Jang v. Boston Scientific Corp. et al., in successfully securing a jury verdict in favor of Dr. Jang against Boston Scientific for infringing Dr. Jang's patents directed to coronary stent design and breaching its contractual obligations to pay him royalties.
- Three private equity funds and hedge funds in defending against fraudulent transfer claims arising out of their receipt of substantial redemption proceeds.
- An apparel-industry technology firm in multiple arbitrations and litigations raising breach of contract and fiduciary duty claims involving Platinum Partners and its affiliates.
- A prominent New York City real estate developer in litigation over the purchase and sale of air rights.
- A private investment fund in multi-year, multi-forum litigation to recoup its investments in a defrauded corporation and defeat third-party claims.
- Affiliates of Coventry Advisors in a dispute with Wells Fargo Bank over guaranties executed in connection with a major mixed-use development project in Michigan.
- Cornwall Capital (featured in Michael Lewis’s The Big Short) in litigation against HSBC arising out of an ISDA credit-default swap referencing Bear Stearns; case settled favorably before discovery.
- Fontainebleau Las Vegas and related entities in an action against a consortium of lenders for failure to fund $800 million in loan commitments to finance the construction of a major resort and casino in Las Vegas, Nevada, including a related MDL and ancillary litigation in state and federal courts.
- Apollo Management and its portfolio company, Hexion Specialty Chemicals, in prosecuting an expedited proceeding against Credit Suisse and Deutsche Bank to compel specific performance of their commitment to provide $15 billion in financing for Hexion’s proposed merger with Huntsman Chemical, and negotiating a settlement with Huntsman that major media outlets, including The Wall Street Journal, lauded as a “sweet deal” for Hexion and Apollo.
- One of the nation's largest hotel companies (owners) in putative class actions arising out of alleged consumer fraud; resulting in a New York trial court's ruling denying nationwide class certification.
- Several of the nation's largest private equity firms in disputes over acquisitions and acquisition financing involving the applicability of material adverse change clauses, post-merger insolvency, and specific performance of debt financing commitments. Most of these buyouts, including Home Depot Supply ($9 billion) and Harrah's Entertainment ($30 billion), funded and closed.
- The Board of Directors of a major New York-area media firm in an internal investigation and subsequent resolution of allegations of impropriety against a senior executive.
- A leading REIT defending against class action claims, including preliminary injunction practice, stemming from a multi-billion dollar acquisition and spin-off.
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