Daniel Berger

Biography

Daniel Berger graduated with honors from Princeton University and Columbia Law School, where he was a Harlan Fiske Stone academic scholar. He is presently a senior member and shareholder of the firm, for which he serves as a Managing Shareholder. Over the last two decades, he has been involved in complicated commercial litigation including class action securities, antitrust, consumer protection and bankruptcy cases. In addition, he has prosecuted several important environmental, mass tort and civil rights cases during this period. He has lead the Firm’s practice involving improprieties in the marketing of prescription drugs and the abuse of marketing exclusivities in the pharmaceutical industry, including handling several landmark cases involving the suppression of generic competition in the pharmaceutical industry. For this work, he has been recognized by the Law 360 publication as a “titan” of the plaintiffs’ Bar (“Titan of the Plaintiffs Bar: Daniel Berger” Law 360, September 23, 2014).

In the civil rights area, he has been counsel in informed consent cases involving biomedical research and human experimentation by federal and state governmental entities. He also leads the firm’s representation of states and other public bodies and agencies.

Mr. Berger has frequently represented public institutional investors in securities litigation, including representing the state pension funds of Pennsylvania, Ohio and New Jersey in both individual and class action litigation. He also represents Pennsylvania and New Jersey on important environmental litigation involving contamination of groundwater by gasoline manufacturers and marketers.

Mr. Berger has a background in the study of economics, having done graduate level work in applied micro-economics and macro-economic theory, the business cycle and economic history. He has published law review articles in the Yale Law Journal, the Duke University Journal of Law and Contemporary Problems, the University of San Francisco Law Review and the New York Law School Law Review. Mr. Berger is also an author and journalist who has been published in The Nation magazine, reviewed books for The Philadelphia Inquirer and authored a number of political blogs, including in The Huffington Post and the Roosevelt Institute’s New Deal 2.0. He has also appeared on MSNBC as a political commentator.

Mr. Berger has been active in city government in Philadelphia and was a member of the Mayor’s Cultural Advisory Council, advising the Mayor of Philadelphia on arts policy, and the Philadelphia Cultural Fund, which was responsible for all City grants to arts organizations. Mr. Berger was also a member of the Pennsylvania Humanities Council, one of the State organizations through which the NEA makes grants. Mr. Berger also serves on the board of the Wilma Theater, Philadelphia’s pre-eminent theater for new plays and playwrights.

In the civil rights area, he has been counsel in informed consent cases involving biomedical research and human experimentation by federal and state governmental entities. He also leads the firm’s representation of states and other public bodies and agencies.

Mr. Berger has frequently represented public institutional investors in securities litigation, including representing the state pension funds of Pennsylvania, Ohio and New Jersey in both individual and class action litigation.  He also represents Pennsylvania and New Jersey on important environmental litigation involving contamination of groundwater by gasoline manufacturers and marketers.

 

Professional Leadership

  • Worked with the American Law Institute/American Bar Association program on continuing legal education.

Business and Community Leadership

  • Member, Mayor’s Cultural Advisory Council, advising the Mayor on arts policy;
  • Member, Philadelphia Cultural Fund, a non-profit responsible for all city grants to arts organizations;
  • Member, Pennsylvania Humanities Counsel, one of the state organizations through which the NEA makes grants. affiliated with the Kennedy School of Government through the Shorenstein Center of Media and Public Policy at Harvard University;
  • Partner of the Democracy Alliance.

Prominent Judgments and Settlements

In the antitrust area, Mr. Berger has headed up the firm’s involvement in highly successful litigation against brand and generic prescription drug manufacturers in which the Berger Firm has been co-lead counsel, a member of various executive committees or otherwise played a key role including, inter alia, the following cases:

He also leads the Firm’s involvement in environmental litigation to recover the costs of remediation for contamination to the groundwater resources of Pennsylvania and New Jersey by gasoline manufacturers and marketers. So far, New Jersey has recovered approximately $100 million in its ongoing litigation. He was a key lawyer in the Firm’s successful representation of national class action on behalf of school districts in a class action to recover the cost of asbestos abatement which was settled for over $200 million in 1990. He also played a key role in the Three Mile Island property damage litigation, which obtained compensation for property damage and novel medical monitoring relief. Three Mile Island Litigation ($25 million settlement in 1981).

In the securities area, he has represented the City of Philadelphia in the Ikon Office Solutions Securities Litigation (settled in 2000 for $111 million); Commonwealth of Pennsylvania Pension Funds PSERS and SERS v. AOL-Time Warner (opt-out litigation settled for $23 million in 2003) and the state of Ohio In re Merrill Lynch Securities Litigation (settled in 2009 for $475 million).

Credentials

Education:

Law School

Columbia Law School, 1974, J.D.

Undergraduate

Princeton University, 1969, with honors

Honors & Awards:

Super Lawyers: 2005 – 2018


Publications

Mr. Berger is an author who has published in The Nation magazine and reviewed books for The Philadelphia Inquirer; published articles in the Yale Law Journal, the Duke Law School Journal of Law and Contemporary Problems, the University of San Francisco Law Review and the New York Law School Law Review.


Included in his publications are:


The Superiority of Direct Proof of Monopoly Power and Anticompetitive Effects in Antitrust Cases Involving Delayed Entry of Generic Drugs, Fall 2004 Symposium: Soaring Prices for Prescription Drugs: Just Rewards for Innovations or Antitrust Violations? 39 U.S.F. L. Rev. 81 (2004) (with Eric Cramer)


Scientific Misconceptions Among Daubert Gatekeepers: The Need for Reform of Expert Review Procedures, 64-SUM Law & Contemp. Probs. 327 (Spring/Summer 2001) (with Jan Beyea)


Admissions

Member – Pennsylvania Bar


Admitted – Eastern District of Pennsylvania

Admitted – Sixth Circuit Court of Appeals

Admitted – Tenth Circuit Court of Appeals

Admitted – Eleventh Circuit Court of Appeals


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