Daniel Berger graduated with honors from Princeton University
and Columbia Law School, where he was a Harlan Fiske Stone academic
scholar. He is presently a senior member and shareholder of
the firm, for which he serves as a Managing Shareholder. Over
the last 25 years, he has been involved in complicated commercial
litigation including class action securities, antitrust, consumer
protection and bankruptcy cases. In addition, he has
prosecuted several important environmental, mass tort and civil
rights cases during this period. He currently leads the
firm's practices involving improprieties in the marketing of
prescription drugs and the abuse of marketing exclusivities in the
pharmaceutical industry including handling several landmark cases
involving the suppression of generic competition in the
pharmaceutical industry. In the civil rights area, he has
been counsel in informed consent cases involving biomedical
research and human experimentation by federal and state
governmental entities. He also co-chairs the firm's
antitrust department and leads the firm's representation of states
and other public bodies and agencies.
Mr. Berger has frequently represented public institutional
investors in securities litigation, including representing the
state pension funds of Pennsylvania and New Jersey in both
individual and class action litigation.
Mr. Berger has a background in the study of economics, having
done graduate level work in applied micro-economics and
macro-economic theory, the business cycle and economic
history. He has published law review articles in the Yale
Law Journal, the Duke University Journal of Law and
Contemporary Problems, the University of San Francisco Law
Review and the New York Law School Law Review and
worked with the American Law Institute/American Bar Association
program on continuing legal education. He has been affiliated
with the Kennedy School of Government through the Shorenstein
Center of Media and Public Policy at Harvard University. He
has been a partner of the Democracy Alliance and is extensively
involved in progressive politics in this country on a national,
state and local level. Mr. Berger is also an author and
journalist who has published in The Nation magazine,
reviewed books for The Philadelphia Inquirer and
appeared in a number of political blogs including The
Huffington Post and the Roosevelt Institute's New Deal
2.0. He has also appeared on MSNBC as a political
commentator.
Mr. Berger has been active in city government in
Philadelphia and was a member of the Mayor's Cultural Advisory
Council, advising the Mayor of Philadelphia on arts policy, and the
Philadelphia Cultural Fund which was responsible for all City
grants to arts organizations. Mr. Berger was also a
member of the Pennsylvania Humanities Council, one of the State
organizations through which the NEA makes grants.
Prominent Judgments & Settlements
In the antitrust area, Mr. Berger has headed up the firm's
involvement in highly successful litigation against brand and
generic prescription drug manufacturers in which the Berger Firm
has been co-lead counsel, a member of various executive committees
or otherwise played a key role including, inter alia, the
following cases:
In the civil rights area, he has been counsel in informed
consent cases involving biomedical research and human
experimentation by federal and state governmental entities.