Litigation and Arbitration


Our litigation practice focuses on commercial disputes and internal investigations. Daniel  Berner has participated in the representation of U.S. and foreign clients in complex securities, maritime law, ERISA, and general commercial litigation before federal and state courts. He has also participated in the representation of clients in commercial arbitration and internal investigations and representations before U.S. and foreign regulatory agencies, including the Securities and Exchange Commission, the Commodities and Futures Trading Commission, the United Kingdom’s Financial Services Authority, and the Japanese Financial Services Authority. Representative matters include:


  • Representation of large bank in internal investigation regarding LIBOR submission manipulation by employees of the bank’s Japanese subsidiary;

  • Representation of large bank in dispute with Cayman Islands liquidator who sought to attach funds held in bank's accounts by a Bernard Madoff entity;

  • Representation of large bank and one of its subsidiaries in connection with various federal and state actions arising out of the Bernard Madoff ponzi scheme;

  • Representation of former senior level member of Obama administration in arbitration of compensation dispute with former business partners;

  • Representation of a company owned by the Republic of Chile in moving to vacate a New York court's maritime attachment of its funds;

  • Representation of major Japanese electronics manufacturer in dispute with its Colombian and Chilean distributors regarding fraudulent payments made by client's employees to Latin American distributors;

  • Representation of officer of Fortune 500 company who was contacted by Department of Justice regarding company's violations of Foreign Corrupt Practices Act in China;

  • Representation of Mexican auto parts manufacturer in General Motors Chapter 11 proceedings;

  • Representation of Brazilian subsidiary of European automobile manufacturer in U.S. dispute regarding certain manufacturing tools.