David Berger

David Berger represents plaintiffs in class actions with a special emphasis on data breach, privacy, and health care litigation. Mr. Berger has represented plaintiffs in complex lawsuits involving some of the nation’s largest retail and healthcare data breaches, including litigation against Adobe, Anthem, Home Depot, Experian, and Excellus BlueCross BlueShield, among others.

Prior to joining Gibbs Law Group, Mr. Berger was a law clerk in the Northern District of California, litigation counsel for the Economic Community of West African States, and an associate at a prominent business law firm in Minnesota.

Prior to attending law school, Mr. Berger worked as an editor and television presenter in Taiwan and managed an outdoor center on an island off the West Coast of Scotland.

David is of counsel to Girard Gibbs and a partner at Gibbs Law Group.

Litigation Highlights

In re Anthem, Inc. Data Breach Privacy Litigation – Key member of the litigation team representing interests of plaintiffs and putative class members following massive data breach of approximately 80 million personal records, including names, dates of birth, Social Security numbers, health care ID numbers, email and physical addresses, employment information, and income data.

Fero v. Excellus Health Plan Inc. – Key member of the litigation team representing the interests of 7 million Excellus health plan subscribers and 3.5 million Lifetime subscribers whose personal and medical information was compromised.

In re Adobe Systems Inc. Privacy Litigation – Key member of the litigation team that succeeded in reversing a long line of decisions adverse to consumers whose personal information was stolen in data breaches. Judge Koh issued a 41-page decision in plaintiffs’ favor and the settlement resulted in a comprehensive reform of Adobe’s data security practices. The court’s landmark decision on Article III standing in this case marked a sea change and has been cited favorably in over twenty cases in the year since it was issued.

Represented insurer alleging Medicaid fraud by chain of dentists. Led fact investigation team and used statistical analyses to focus discovery. After uncovering conclusive evidence of massive fraud, case resulted in multimillion dollar settlement in client’s favor.

Represented people injured by the Interstate 35-W bridge collapse in victim compensation proceedings.

Awards and Honors

Rising Star, Northern California Super Lawyers (2016)

Publications and Presentations

Presenter, “Don’t be Spokeo’d: What You Need to Know in Litigating Data Breach Cases (from breach to remedies),” ABA Business Law Section Annual Meeting, September 8, 2016.

Presenter, “Developments in ‘E-Commerce’ Class Actions and Privacy Law,” Perrin Class Action Litigation Conference, May 16, 2016.

Presenter, “Data Breach Class Action Litigation,” Mass Torts Made Perfect Conference, April 22, 2016.

Presenter, “Defenses in Data Breach Litigation and Cases Against Responsible Third Parties,” HB Litigation- Data Breach and Privacy Litigation Conference 2016, February 11, 2016.

Presenter, “Pleading and Litigating Consumer Data Breach Cases,” Consumer Attorneys of California– Hawaii Travel Seminar, December, 2015.