A creative and accomplished litigator, Nick Berg focuses his practice on anti-corruption investigations and other international risk issues, SEC enforcement matters, and complex litigation in state and federal courts around the country. Clients rely on Nick for his innovative, efficient, tireless advocacy and, as they tell The Legal 500, his “outstanding understanding of the complexities of investigations spanning multiple jurisdictions.”
Nick has substantial experience advising clients in a broad array of industries in connection with government and internal investigations involving the FCPA, the U.K. Bribery Act, export control and economic sanctions laws and regulations, and other international risk issues. He has also spent well more than a decade representing clients in federal securities fraud and consumer class actions, private equity disputes, and transaction-related litigation and arbitrations.
In addition, Nick routinely advises clients in connection with SEC and Special Committee investigations involving allegations of accounting errors and misstatements, insider trading, fraud, embezzlement, and bribery.
Beyond his commercial practice, Nick is deeply committed to pro bono work, having litigated the first civil rights case under the Patient Protection and Affordable Care Act in East v. Blue Cross and Blue Shield of Louisiana, et al.—an action that successfully addressed the disparate impact on people living with HIV from insurers’ anticipated rejection of federal Ryan White funds.
Anti-Corruption & International Risk Investigations and Compliance
- Advised a U.S.-based multinational medical device company in an industry-wide FCPA investigation involving countries across Europe, Asia, and South America, as well as in connection with anti-corruption related internal investigations and compliance issues.
- Spearheaded internal investigations for an oil & gas company regarding potential FCPA violations in the Middle East and Latin America.
- Represented a Fortune 500 company in connection with FCPA investigations in multiple jurisdictions, including Europe and Latin America.
- Served as anti-corruption and international risk counsel to large, publicly traded companies in the private equity, healthcare, oil & gas, and technology sectors, among others..
- Developed and implemented anti-corruption and international risk compliance programs for multinational companies in high-risk industries.
- Advised clients across industries regarding anti-corruption, trade sanctions, and export control due diligence in connection with joint ventures, mergers, acquisitions, and other key business partner relationships around the world.
- 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.
- Successfully represented the CFO of a publicly-traded company in connection with charges of accounting fraud.
- Received numerous enforcement declinations from the SEC in connection with representation of individuals and corporations under investigation for financial fraud and insider trading.
- Represented a large hedge fund and several affiliated investment funds in expedited bankruptcy litigation that centered on Energy Future Holdings’ multiple attempts to sell the hedge fund’s interest in Oncor, a regulated utility company in Texas, and emerge from long-running Chapter 11 bankruptcy. Secured extremely favorable decisions in connection with two contested, multi-billion dollar transactions, which ultimately paved the way for a topping bid that provided creditors with significantly higher recoveries.
- 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.
- Successfully moved to dismiss a private equity company from putative federal class action lawsuits related to the closure of a subsidiary of one of its portfolio companies, a for-profit law school.
- Obtained dismissal of a consumer class action against a major hospital system related to its billing and collection practices.
- Part of the trial team that represented a class of adolescents suffering from mental illness, who were confined at the Iowa Boys State Training School and were subjected to excessive and punitive use of solitary confinement and mechanical restraints. Ropes & Gray along with co-counsel, Children’s Rights and Disability Rights Iowa, litigated the case in a two week trial in the Southern District of Iowa.