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.
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.
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.
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 multi-million dollar settlement in client’s favor.
Represented people injured by the Interstate 35-W bridge collapse in victim compensation proceedings.