Nicholas M. Berg
Nick Berg focuses his practice on SEC and other government enforcement matters, internal investigations, compliance issues, and complex litigation. Nick has substantial experience advising clients in a broad array of industries on all aspects of the securities and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act, as well as insider trading and financial statement and disclosure issues.
Nick has also spent much of his practice representing clients in federal securities fraud and consumer class actions, private equity disputes, and transaction-related litigation in U.S. state and federal courts. In addition, Nick routinely advises clients in connection with Special Committee and other internal investigations involving allegations of accounting errors and misstatements, fraud, embezzlement, and bribery.
As a member of the Supply Chain Compliance and Corporate Social Responsibility practice, Nick provides litigation counseling and compliance advice related to potential corporate social responsibility-related liability.
- Represented a U.S.-based multinational medical device company in an industry-wide FCPA investigation involving countries across Europe, Asia, and South America.
- Successfully represented a major shareholder of a public company in shareholder litigation before the Delaware Court of Chancery. Secured an injunction for our client requiring the Company to reinstate a record date and annual meeting date and prohibiting the Company from moving forward with a strategic transaction until approved pursuant to a proper process. After our client gained control of the public company in a proxy contest, the litigation team also successfully defended the new board members from a preliminary injunction brought by a billionaire shareholder to force a new board election.
- Secured dismissal of a federal securities fraud class action and successfully defended that dismissal on appeal on behalf of a biotechnology client related to alleged misstatements regarding its pivotal developmental product and the product’s chances of FDA approval. This case has broad industry implications concerning the responsibilities of a biotechnology company with respect to the dissemination of non-public FDA communications, including negative information included in Major Deficiency Letters.
- Conducted an investigation on behalf of the Special Committee of the board of a publicly-traded Fortune 50 company related to allegations of financial fraud and improper revenue recognition.
- Received numerous enforcement declinations from the SEC in connection with representation of individuals and corporations under investigation for financial fraud and insider trading.
- Obtained dismissal of a consumer class action against a major hospital system related to its billing and collection practices.
- Represented a private equity fund, its portfolio company, and their respective officers and directors in connection with a shareholder suit for breach of fiduciary duty and waste of corporate assets.
- Developed and implemented FCPA compliance programs for multinational companies in high-risk industries (e.g., private equity, pharmaceutical, and medical device) and conducted FCPA acquisition diligence pre and post deal.
- Secured dismissal of numerous lawsuits around the country on behalf of an online travel company involving the alleged underpayment of hotel taxes pursuant to a novel business model.
- Successfully represented a client pro bono in East v. Blue Cross and Blue Shield of Louisiana, et al. (M.D. La. 2014), an action under the Affordable Care Act’s nondiscrimination provisions that addressed the disparate impact on people living with HIV from insurers’ anticipated rejection of federal Ryan White funds.
- Co-author, “Difficult Choices: Self-Reporting in Light of New DOJ FCPA Policy on Presumption of Declination,” Bloomberg BNA’s White Collar Crime Report (December 22, 2017)
- Quoted, “US DoJ Won’t Prosecute Many Self-Reported FCPA Violations,” Medtech Insight (December 19, 2017)
- Co-author, “Anti-Corruption In Mexico: Reasons For Cautious Optimism,” Law360 (November 29, 2017)
- Co-author, “2nd Circ. Throws Wrench Into FCPA Enforcement,” Law360 (August 11, 2017)
- Co-author, “How Brazil's Corruption Crackdown Affects Health Care,” Law360 (May 17, 2017)
- Co-author, “Alien Tort Statute Returns To Supreme Court,” Law360 (April 13, 2017)
- Quoted, “Defenders Of Obama-Era Rules Face Tough Path To Court,” Law360 (March 10, 2017)
- Co-author, “SEC's Focus On Financial Reporting: Recent Cases And Trends,” Law360 (November 30, 2016)
- Co-author, “Ropes & Gray Discusses SEC Whistleblower Enforcement and Severance Agreements,” Columbia University Law School “Blue Sky Blog” (Sept. 21,2016)
- Co-author, “Mexico moves forward: Sweeping new anti-corruption regime, presidential apology,” The FCPA Blog (Aug. 30, 2016)
- Quoted, “Could Johnson Controls Have Prevented the Flagrant Circumvention of Its Revamped Compliance Program?” The FCPA Report (July 27, 2016)
- Co-author, “Recent Trends in Securities Class Action Lawsuits Filed Against,” Bloomberg BNA “Securities Regulation & Law Report” (July 18, 2016)
- Co-author, “Navigating Anticorruption in Latin America,” Bloomberg BNA Corporate Law & Accountability Report (July 8, 2016)
- Co-author, “Top 10 Anti-Corruption Red Flags In Latin America,” Law360 (July 6, 2016)
- Co-author, “E se fosse a ‘Car Wash’?” Valor Econômico (May 30, 2016)
- Co-author, “Measure Twice: Compliance in the time of falling commodity prices,” Penn Energy (May 25, 2016)
- Quoted, “Panama Papers To Provide Fertile FCPA Hunting Ground,” Law360 (May 9, 2016)
- Co-author, “Effective FCPA Compliance Strategies in the Wake of the Panama Papers,” The FCPA Report (May 4, 2016)
- Cited, “Com "lava jato", empresas brasileiras viram foco de advogados estrangeiros,” (April 7, 2016)
- Co-author, “DOJ Puts Companies With Venezuelan Ties In Its Crosshairs,” Law360 (March 7, 2016)
- Co-author, “Corruption Risks in International Clinical Trials: Navigating Between Anti-Bribery Laws and Local Circumstances,” Bloomberg BNA Medical Research Law & Policy Report (January 6, 2015)
- Co-author, “What Happens In Latin America No Longer Stays In Latin America,” Law360 (November 30, 2015)
- Co-author, “Game changer: Confronting the new SEC whistleblower paradigm (part 3)-- Practical Guidance,”Inside Counsel (October 20, 2015)
- Quoted, “Cert Denial Could Lead to SOX Insider Cases: Lawyer,” Securities Law Daily (October 6, 2015)
- Quoted, “Supreme Court Rejects Government's Plea To Close Insider-Trading Loophole,” Forbes (October 5, 2015)
- Quoted, “Feds To Rethink Insider Trading Strategy After Newman Snub,” Law360 (October 5, 2015)
- Co-Author, “Inside National Futures Association Cybersecurity Guidance,” Law360 (October 2, 2015)
- Co-author, “Game changer: Confronting the new SEC whistleblower paradigm (part 2),” Inside Counsel (August 21, 2015)
- Quoted, “Securities Cases To Watch In The 2nd Half Of 2015” Law360 (July 9, 2015) (Subscription required)
- Quoted, “The Biggest Securities Cases Of 2015: Midyear Report,” Law360 (June 30, 2015) (Subscription required)
- Co-Author, “Confronting the new ‘game changer’ SEC whistleblower paradigm,” Inside Counsel (June 11, 2015)
- Co-author, “Make No Mistake: The “New Normal” of Aggressive Anti-Money Laundering Enforcement Against Financial Institutions,”Bloomberg BNA “Corporate Law & Accountability Report” (May 1, 2015)
- Co-author, “Brazil Continues to Ramp Up Anti-Corruption Enforcement,” Law360 (March 30, 2015)
- Member, “Securities Editorial Advisory Board,” Law360 (2015)
- Co-author, “Must Judge Rakoff recuse himself from hearing Financial Crisis cases?”WestlawNext (2014)
- Co-author, “SEC’s Continued Use of Administrative Forum Irks Critics, Raises Sticky Constitutional Questions,” Bloomberg BNA “Corporate Law & Accountability Report” (December 2014)
- Co-author, “A New Anti-Money Laundering Enforcement Paradigm: Questions & Lessons From JPMorgan’s Deferred Prosecution,”Bloomberg BNA White Collar Crime Report (February 21, 2014)
- Co-author, “Rare Guidance on FCPA’s Reach over Foreign Nationals,”Law360 (February 27, 2013)
- “Two Recent Decisions Provide Rare Guidance on the FCPA's Reach Over Foreign Nationals,” (February 26, 2013)
- Co-author, “Securities Fraud Enforcement (Without the Fraud): The Rise of Negligent Securities Fraud Under §§ 17(a)(2) and (3) of the 1933 Securities Act,” Securities Regulation & Law Report (March 2012)
- Co-author, “U.K. escalates anti-corruption efforts,”The National Law Journal (March 2010)
- “Turning a Blind Eye to Innocence: The Legacy of Herrera v. Collins,”American Criminal Law Review (2005)
- Speaker, “Roundtable Discussion: Anti-Corruption Initiatives in Mexico,” Ropes & Gray, Von Wobeser y Sierra and ICC México (September 18, 2017)
- Speaker, “Mexico’s New (and Unique) Anti-Corruption Regime: What’s Been Accomplished and Where Will Mexico Go From Here,” ABA’s Section of International Law, International Anti-Corruption Committee call (June 1, 2017)
- Speaker and Panel Chair, “Latin America’s Anti-Corruption Moment: Brazil’s Operation Car Wash and Other Legal Breakthroughs in the Region,” ABA’s International Law Spring 2017 Meeting (April 25-29, 2017)
- Speaker, “The Shifting Anti-corruption Landscape,” Law Bulletin’s 10th annual White Collar Crime & Corporate Governance Conference (April 19, 2017)
- Presenter, “The Changing U.S. Political and Enforcement Environment and the Impact on Compliance,” ICC Mexico, Mexico City (November 29, 2016)
- Presenter, “SEC Enforcement Update,” ACS Financial Accounting and Reporting Update: Chicago (November 2016)
- Speaker, “What You Need to Know to Protect Your Business after the Panama Papers: A Cross-Practice Discussion,” Ropes & Gray Webinar (June 29, 2016)
- Speaker, “Midwest Anti-Corruption Compliance Forum: Latest Insights on Risk-Based Third Party Compliance Programs, Investigations and Enforcement,” American Conference Institute (June 27-28, 2016)
- Panelist, “Lava Jato Investigation and the U.S. Perspective,” Demarest Advogados, São Paulo, Brazil (May 23, 2016)
- Presenter, “FTI Breakfast Roundtable,” Chediak Advogados, Rio de Janeiro, Brazil (May 20, 2016)
- Presenter, “Designing an Effective and Efficient Anti-Corruption Compliance Program,” Brazilian Institute of Petroleum, Rio de Janeiro, Brazil (May 20, 2016)
- Speaker, “Financial Accounting & Reporting Update,” Accounting Conferences & Seminars (November 2015)
- Presenter, “New Challenges Under Dodd-Frank,” ACS - Revenue Recognition Conference (September 13, 2012)