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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 complex contractual disputes; commercial cases presenting overlapping tort, contract, and fiduciary duty claims, including issues of in pari delicto; 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, renewable energy, 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.
- TerraForm Power in a contract dispute with two major private equity funds over a purported $231 million earnout payment.
- Matlin Patterson, 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.
- An investment fund in numerous arbitrations with former clients and a clearing broker arising out of a catastrophic market event.
- An inventor, in pursuing litigation against Boston Scientific for infringing his patents directed to coronary stent design and breaching its contractual royalty obligations.
- Three investment funds in defending against fraudulent transfer claims arising out of their receipt of substantial redemption proceeds.
- A private investment fund in multi-year, multi-forum litigation to recoup its investments in a defrauded corporation and defeat third-party claims.
- Cornwall Capital (featured in Michael Lewis’s The Big Short) in litigation arising out of an ISDA credit-default swap referencing Bear Stearns; case settled before discovery.
- 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.
Last updated September 2019