Jed Bergman

Practice Areas

Jed serves as Chair of Glenn Agre’s Litigation Department and is a trusted advisor in high-stakes commercial disputes. He represents corporations, investment funds, founders, and senior executives in complex matters involving sophisticated financial transactions, partnership and joint venture conflicts, real estate and zoning disputes, and cases presenting overlapping contract, tort, and fiduciary duty claims.

Clients frequently call Jed when the stakes are existentially and reputationally significant, and the path forward is unclear. He is known for developing creative strategies that can reshape the trajectory of a case and position clients for leverage. His matters routinely involve multi-forum litigation and arbitration demanding coordinated, long-term strategy from pre-suit risk assessment through trial and appeal.

Jed’s clients also value his ability to translate complicated exposure into clear, proportionate guidance. In contentious and emotionally charged situations, he brings steadiness and perspective, helping decision-makers separate real risk from noise and pursue outcomes that others have written off.

Before co-founding Glenn Agre Bergman & Fuentes, Jed was a partner at Kasowitz Benson Torres LLP and practiced at Wachtell, Lipton, Rosen & Katz.

Experience

Jed has represented:

- FT Partners, an investment bank specializing in the fintech space, in a lawsuit brought by one of its clients, Alphasense; prevailed on claim for advancement of legal fees in early motion for partial summary judgment. Most recently, the court ruled that Alphasense waived its attorney-client privilege when it shared materials with board observers—a first for a New York State court.

- FT Partners in asserting breach of contract counterclaims against a client that improperly terminated its engagement letter and asserting claims for tortious interference against that client’s prospective investor for improperly procuring the breach.

- Developer Greenwich Group International in a multi-forum real-estate dispute. Successfully obtained an appellate ruling that reinstated claim for successor liability, despite the lack of a formal merger or assignment, based on New York law.

- A former senior private-equity executive in a nine-figure arbitration against his former employer.

- An investment fund/seed investor in a contractual dispute with its seeded hedge fund over a purported buyout.

- Vector Capital Management, L.P., an investment management firm, defending against purported express and implied breaches of a credit agreement brought by borrower Astra Acquisition Corp., a subsidiary of Anthology, Inc., arising from a $140 million syndicated revolving credit facility; the matter was settled favorably.

- McKinsey & Company in a $1.5 billion opioid-related matter brought by Endo GUC Trust; secured dismissal of claims seeking $1.2 billion in indemnity for Endo’s opioid settlements, as well as claims for aiding and abetting fiduciary breaches and constructive fraudulent transfer.

- The former sole director in a blockchain start-up, focused on developing the first SEC-approved “tokenized” money market fund, which was acquired by a defendant corporation and then allegedly “killed” for the use of its valuable blockchain technology.

- Private equity firm Lovell Minnick in a lawsuit presenting significant questions about the liability of private equity firms for acquisitions by their portfolio companies.

- The former general counsel of McKinsey in a RICO action alleging misconduct in connection with restructuring work performed in multiple bankruptcies extending over 20 years.

- The Walt Disney Company, ESPN, and Hulu LLC as conflicts counsel for third-party discovery in a sprawling antitrust case brought by FUBOTV Inc. in the Southern District of New York with implications for the cable television and streaming industries.

- Deka Immobilien Investment, a real estate asset management company, in an action to recover $136 million paid on a guarantee after the borrower defaulted.

- Antarctica Capital Management, an international private equity firm, in litigation over a failed reinsurance transaction.

- Former partners of an international venture capital fund pursuing claims over a controlling partner’s self-dealing purchase of a portfolio investment.

- Minority owners of an overseas sports team in an arbitration against the majority owner over the terms of their governing agreement.

- TerraForm Power, the owner and operator of renewable power assets, in a contract dispute with two major private equity funds over a purported $231 million earnout payment.

- A prominent New York City real estate developer in litigation over the purchase and sale of air rights.

- MatlinPatterson, a global asset manager, and certain principals, in securing the dismissal of $123 million breach of fiduciary duty claims brought by a minority shareholder of portfolio company DuCool.

- An apparel industry technology firm in multiple arbitrations and litigations raising breach of contract and fiduciary duty claims involving Platinum Partners and its affiliates.

- Cornwall Capital (featured in Michael Lewis’ “The Big Short”) in litigation arising out of an ISDA credit default swap referencing Bear Stearns; the case settled before discovery.

- A private investment fund in multiyear, multi-forum litigation to recoup its investments in a defrauded corporation and defeat third-party claims.

- An inventor in an action against Boston Scientific for infringing his patents directed to coronary stent design and breaching its contractual royalty obligations.

Languages Spoken

English & Hebrew

Awards