Jed I. Bergman

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.

• Legal 500, New York City Elite: Commercial Disputes, 2026 (see here).
• Lawdragon, Top 500 Leading Litigators, 2025 (see here).
• Benchmark Litigation, Litigation Star (Securities, Appellate, Commercial), 2021-26 (see here).
• Super Lawyers, Top Rated Business Litigation Attorney in New York, 2019-25 (see here).
• Fellow, Litigation Counsel of America, 2021

• Ex JVP partner sues Erel Margalit; JVP: Claim is baseless (Dec. 9, 2021) Read here.
• Defeating In Pari Delicto on a Motion to Dismiss, New York Law Journal (Sept. 26, 2017) Read here.
• Drawing Fifth Amendment Adverse Inferences Against Corporate Defendants, New York Law Journal (Aug. 3, 2017) Read here.
• Putting Precedent in its Place: Stare Decisis and Federal Predictions of State Law, 96 Colum. L. Rev. 969 (1998).
• Constitutional Substantial-Evidence Review? Lessons from the Supreme Court’s “Turner Broadcasting” Decisions, 97 Colum. L. Rev. 1162 (1997).