Firm Profile

Berger Montague

USA Guide 2023

Ranked departments
Ranked lawyers
USA

Berger Montague

Berger Montague

Contact number

+1 215 875 3000

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About

Provided by Berger Montague
USA

Chairman: Eric L. Cramer
Managing Partners: Daniel Berger, Shanon J. Carson, Todd S. Collins, Merrill G. Davidoff, Michael C. Dell’Angelo, E. Michelle Drake, Sherrie R. Savett, David F. Sorensen
Number of partners: 28
Number of lawyers:
63
Languages: English, Spanish
Offices: Philadelphia, PA (headquarters); Minneapolis, MN; Washington, D.C.; San Diego, CA

Firm Overview:
Berger Montague is a full-spectrum class action and complex civil litigation firm, with nationally known attorneys highly sought after for their legal skills. The firm has been recognized by courts throughout the country for its ability and experience in handling major complex litigation, particularly in the fields of antitrust, securities, mass torts, civil and human rights, whistleblower cases, employment, and consumer litigation. In numerous precedent-setting cases, the firm has played a principal or lead role.

The National Law Journal selected Berger Montague in 12 out of 14 years (2003-2005, 2007-2013, 2015-2016) for its “Hot List” of top plaintiffs-oriented litigation firms in the United States.The select group of law firms recognized each year had done “exemplary, cutting-edge work on the plaintiffs’ side.” The National Law Journal ended its “Hot List” award in 2017 and replaced it with “Elite Trial Lawyers,” which Berger Montague has won from 2018-2020. The firm has also achieved the highest possible rating by its peers and opponents as reported in Martindale-Hubbell and was ranked as a 2021 “Best Law Firm” by U.S. News - Best Lawyers.

Since its founding by David Berger in 1970, the firm has focused on the same mission: protecting the rights of clients and litigating complex cases to successful conclusions.

Main Areas of Practice:
Antitrust
Commercial Litigation
Commodities & Financial Instruments
Consumer Protection
Credit Reporting & Background Checks
Defective Drugs & Medical Devices
Defective Products
Employee Benefits & ERISA
Employment & Unpaid Wages
Environment & Public Health
Government Representation
Insurance Fraud
Predatory Lending & Borrowers’ Rights
Securities & Investor Protection
Securities Litigation Arbitration
Technology, Privacy & Data Breach
Whistleblower, Qui Tam & False Claims Act

Recent Prominent Cases:

Case 1: In re Namenda Direct Purchaser Antitrust Litigation, No. 1:15-cv-07488 (S.D.N.Y.)
Lead Partner: David F. Sorensen

Summary: Berger Montague’s team, led by David F. Sorensen, served as co-lead counsel for the class of direct purchasers of the Alzheimer’s drug Namenda. On October 28, 2019, the parties announced a settlement of $750 million, the largest settlement in Hatch-Waxman antitrust litigation with a single defendant in history. The court approved the settlement on May 27, 2020.

The lawsuit alleged that Forest Laboratories worked to delay and impair generic competition for Forest’s immediate-release prescription drug, Namenda IR. Forest’s alleged actions included entering into an unlawful “pay for delay” agreement with its prospective generic competitor, Mylan, and then orchestrating a “hard switch” product hop from immediate-release Namenda to extended-release Namenda XR. As a result of Forest’s conduct, purchasers were injured from the loss of earlier, unconstrained, lower-priced generic competition.

The court had precluded Forest from contesting that its “hard switch” product hop constituted anticompetitive conduct in light of a prior ruling in another case enjoining Forest from continuing its “hard switch” product hop campaign. On August 2, 2018, Judge McMahon denied defendants’ motion for summary judgment and granted the direct purchaser plaintiffs’ motion for class certification. Trial had been scheduled to commence on October 28, 2019, the day the $750 million settlement was announced.

Case 2: In re Capacitors Antitrust Litigation, No. 3:14-cv-03264 (N.D. Cal.)
Lead Partner: Eric L. Cramer

Summary: Berger Montague’s team, led by Eric L. Cramer, serves as co-trial counsel to a certified class of direct purchasers of electrolytic and film capacitors in the case In re Capacitors Antitrust Litigation. The case alleges that the major capacitor manufacturers conspired to raise capacitor prices in violation of the antitrust laws.

Jury trial commenced in February 2020 but was halted several weeks later due to the COVID-19 pandemic. During that time, plaintiffs reached settlements with eight defendants (AVX, ELNA, Holy Stone, Panasonic, Shinyei, Taitsu, KEMET, and Shizuki) totaling $232.05 million. In September 2020, the Court granted final approval of the settlements, observing that “this case was especially hard-fought and litigated with skill on both sides, and presented significant risks to plaintiffs’ counsel.” Case No. 3:17-md-02801-JD (N.D. Cal.), ECF No. 1406.

Only three defendants – Matsuo, NCC, and UCC – remain of the 24 defendants initially named in plaintiffs’ case. The Court indicated that it will be setting a status conference for the parties to discuss a new date for trial, “pending the public health situation and other external factors that may remain uncertain for some time.” Id.

To date, plaintiffs have obtained settlements totaling $451.55 million for the direct purchaser class.

Ranked Offices

Provided by Berger Montague

USA - Head office

Berger Montague rankings

USA Guide 2023
Filter by
Pennsylvania
Antitrust
1 Department
3 Ranked Lawyers
Department
Antitrust
1
Antitrust
1
Band 1
Lawyers
1
David F. Sorensen
1
Band 1
1
Eric L. Cramer
1
Band 1
U
Caitlin Coslett
U
Up and Coming
USA - Nationwide
Antitrust: Plaintiff
1 Department
1 Ranked Lawyer
Department
Antitrust: Plaintiff
1
Antitrust: Plaintiff
1
Band 1
Lawyers
1
Eric L. Cramer
1
Band 1