Current Employment Position(s)

Associate

Lawyer Overview

James Berger litigates complex commercial disputes before state and federal courts and arbitral tribunals, with a focus on cross-border disputes and matters involving sovereigns and state-owned enterprises. He has significant expertise litigating issues arising under the Foreign Sovereign Immunities Act, the Convention on Recognition and Enforcement of Foreign Arbitral Awards, and other statutes having particular application in international disputes. Recent Representative Matters: Karaha Bodas Co. v. Pertamina. Managed litigation team in successful federal court campaign to enforce and execute $261 million UNCITRAL arbitration award against Indoneisan state oil company. Principal author of briefs submitted to District Court, Second Circuit, and U.S. Supreme Court. Coordinated enforcement proceedings and related litigation in Texas, Canada, Hong Kong, Singapore, Indonesia, and Cayman Islands. (2003-present) Confidential Investigation. Represent Cayman Islands financial services provider in connection with multilateral investigation of various securities and tax issues. Advised client on various issues arising under U.S. and international law. (2006-present) Silverman v. China National Native Produce & Animal By-Products Corp. Represent two Chinese state-owned enterprises in judgment enforcement proceedings. (2006-present) Textron Inc. v. ArcelorMittal. Represent U.S. company in Paris-based I.C.C. arbitration concerning contractual dispute with Brazilian manufacturer. (2007-present) Frontera Resources Azerbaijan Corp. v. SOCAR. Represent U.S. oil company in district court and appellate proceedings to enforce arbitration award against Azeri state-owned oil company involving matters of first impression under Foreign Sovereign Immunities Act and New York Convention. (2005-present) Attentus et al. v. UBS Securities. Successfully defended investment bank in $50 million dispute concerning terminated securitization transaction; case dismissed on pleadings. (2007-2008) El-Hadad v. United Arab Emirates. Successfully represented United Arab Emirates in federal judgment enforcement proceedings. (2007-2008) O’Connor et al v. Boeing North American, Inc. Represented aerospace company in toxic tort case involving alleged contamination from Southern California rocket manufacturing and test facilities; briefed and argued successful motion for partial summary judgment. (2005) Confidential Arbitration. Managed arbitration team in successful defense of $69 million claim involving power purchase agreement. (2002) Prior to joining the firm, Mr. Berger served as counsel and acting deputy director of the New York City Mayor’s Office of City Legislative Affairs. In this position, he was responsible for representing the Mayor before the New York City Council and negotiating major items of local legislation. Upon his graduation from law school, Mr. Berger served as law clerk to the Honorable W. Thomas Rosemond, Jr. of the United States District Court for the Northern District of Illinois. Mr. Berger is admitted to practice in New York and the District of Columbia. He is a member of the bars of the United States Supreme Court, the United States Court of Appeals for the Second Circuit, and the United States District Court for the District of Columbia and the Southern, Eastern, and Western districts of New York. He is a member of the Litigation and International Law Sections of the American Bar Association, and currently serves as chairman of the ABA’s Subcommittee on Enforcement of Foreign Judgments. He is also a member of the International Law Committee of the Association of the Bar of the City of New York. Mr. Berger is a 1993 graduate of Fordham University School of Law, where he served as writing and research editor of the Fordham Urban Law Journal. He received a B.A. in 1989 from George Washington University.

Areas of Practice

• Litigation
• Regulatory Compliance

West Practice Categories

Litigation & Appeals, Regulatory Compliance & Auditing

Bar Admissions

• New York
• District of Columbia

Education

• Fordham University School of Law, New York, New York, 1993
  J.D.
• George Washington University, 1989
  B.A.

Address

Park Avenue Tower
75 E. 55th Street
First Floor
New York, NY 10022

Phones

(212) 318-6450

Faxes

(212) 230-7857

Emails

Contact Us

Websites

http://www.paulhastings.com