A creative and accomplished litigator, Nicholas M. 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.
- JD, cum laude , Dean’s List, Georgetown University Law Center, 2005; American Criminal Law Review
- BS (Political Science), Dean’s List, University of Wisconsin-Madison, 2000
- Illinois, 2005
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Northern District of Illinois, 2005
MEMBERSHIP & AFFILIATIONS :
- Auxiliary Board, Art Institute of Chicago (Present)
- Member, Securities Editorial Board, Law360 (2015 – 2017)
- Member, White Collar Editorial Board, Law360 (2018)
- Steering Group, American Bar Association, Section of International Law’s International Anti-Corruption Committee (Present)
- Member, American Bar Association, Section of International Law’s International Anti-Corruption Committee (Present)
- Chicago Bar Association
- Member, C&L Counsel: Securities Industry and Financial Markets Association (SIFMA)
- Chicago Bar Committees: Commercial Litigation, Federal Civil Practice, Securities Law
PROFESSIONAL & CIVIC ACTIVITIES : Represented, pro bono, minor clients in Chicago public school expulsion proceedings and asylum seekers in federal immigration proceedings.
- 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..
- 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.
- Received numerous enforcement declinations from the SEC in connection with representation of individuals and corporations under investigation for financial fraud and insider trading.
- 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.
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