Ari M. Berman focuses his practice on commercial litigation, with an emphasis on lawsuits involving federal securities laws. Ari has extensive experience representing companies and individuals—including public companies, financial institutions, private investment funds, and officers and directors—in contexts such as investigations and enforcement proceedings by the SEC, FINRA and other law enforcement and regulatory agencies.
In addition, Ari has significant experience representing companies in bankruptcy court proceedings and investors in distressed settings.
REPRESENTATIVE EXPERIENCE :
- Represented Teva Pharmaceuticals in a $1.4 billion post-closing arbitration over the amount of working capital associated with Teva’s $40 billion acquisition of Allergan’s generics business. The parties reached an agreement to resolve the dispute, with Allergan paying Teva $700 million.
- Represented Morgan Stanley Infrastructure in adversary proceedings in Delaware Chapter 11 proceedings involving a joint venture counterparty Magnum Hunter. After discovery, motion practice, and a contested hearing, MSI obtained a favorable ruling and resolved the parties’ remaining disputes.
- Obtained dismissal of claims against directors in securities class action alleging control person liability under the 1933 and 1934 Acts
- Obtained dismissal of stock option backdating claims against former chief executive officer of public company
- Represented a buyout group member in defeating an attempt to derail a transaction and in defense of shareholder class actions challenging buyout price
- Obtained dismissed of claims against investment bank in a fraudulent transfer action brought by the trustee for Chapter 7 estate of a real estate developer
- Representing several shareholder defendants in connection with Tribune clawback litigation
- Represented a private equity firm in the bankruptcy of a portfolio company, including a Bankruptcy Court-appointed examiner’s investigation and avoidance claims brought by litigation trustee
- Part of trial team that successfully represented a financial advisor to creditors’ committee in a Bankruptcy Court action arising from advisor’s engagement.
- J.D., New York University School of Law, 1999
- B.A., University of Pennsylvania, 1996
ADMISSIONS : New York
- United States Court of Appeals for the Second Circuit
- United States District Courts for the Southern and Eastern Districts of New York
- United States Court of Federal Claims
Rate : $$$$