Walter (Casey) Berger

Casey has represented:

• The former CEO, CFO, and founder of Alta Mesa Resources, a publicly traded oil and gas exploration and production company, in a securities class action and opt-out suit alleging securities and state law violations arising from a de-SPAC transaction that was the first of its kind to go to trial; claims exceeded US$1 billion and the case settled favorably for Casey’s clients before closing arguments; he also handled related bankruptcy claims against the clients*
• A leading oilfield services company, as a plaintiff against an E&P company, in a breach-of-contract and fraud case arising out of a joint venture to develop oil and gas assets in the Powder River Basin; obtained an eight-figure settlement for the client*
• The defendant buyer and related affiliates in merger litigation arising out of the US$500 million acquisition of a major grocery store chain, as well as in successfully negotiating an agreement that allowed the merger to close on schedule, leading the defense of the combined company in the post-closing litigation that continued thereafter, and settling the class action on favorable terms; successfully defended the company in the follow-on appraisal arbitration for those that opted out of the settlement, resulting in an award of damages to the clients*
• A private equity firm in bankruptcy litigation and related adversary proceedings arising out of the US$400 million+ acquisition of a subprime mortgage lender that subsequently went bankrupt during the financial collapse in 2009; led the insurance coverage negotiations and successfully resolved all of the claims against the represented defendants on favorable terms*
• An oilfield services company in an ICC arbitration arising out of the termination of an exclusive dealer; the case was favorably settled on the last day of the arbitration hearing*
• A syndicate of bank underwriters in a putative securities class action involving Section 11 of the Securities Act of 1933 and stemming from alleged misrepresentations relating to the IPO of a nationwide restaurant group; the case settled on favorable terms to the clients*
• A global financial institution in a nationwide class action in which the plaintiff alleged the financial institution’s automatic payment system was crediting mortgage payments late to obtain more interest than the bank was entitled to under the mortgage loan documents*
• An oil and gas equipment and services provider in several consolidated shareholder class actions in Texas State Court seeking to enjoin the client’s US$5.5 billion acquisition of one of its competitors; the matters were favorably resolved and the merger proceeded to consummation*
• A national services provider and its subsidiaries in a series of state court consumer fraud class actions across the country challenging the defendants’ pricing and notice practices; the cases were either dismissed on the pleadings or settled for less than nuisance value, and no contested plaintiff classes were ever certified*
• A European manufacturing firm in an antitrust class action arising out of an alleged international price-fixing and bid-rigging cartel in the marine hose industry*
• A Fortune 200 company in a case of first impression under state securities laws involving more than US$200 million in damages; obtained a summary judgment verdict for the client and successfully defended that judgment on appeal*
• A major international waste management company and its subsidiaries in several breach-of-contract and securities fraud actions in federal and state courts across the country, in which damages claims ranged from US$5 million to more than US$100 million, and cases involved use of the multidistrict litigation transfer procedures; obtained several dismissals before trial and successfully defended several dismissals on appeal to the US Court of Appeals for the Fifth Circuit*
• A major pharmaceutical company in a securities fraud class action filed in the Southern District of New York, which settled before the court’s ruling on class certification*
• A Fortune 200 company in an ICC arbitration tried in New York in 2005; claims exceeded US$100 million and involved French, US, and Latin American assets*
• A venture capital firm and its portfolio technology companies in several employment, executive compensation, securities, and breach-of-contract disputes*
• A US parent and Australian subsidiary in a breach-of-contract and tortious interference action related to a major construction dispute in Australia involving proceedings in both state and federal court; obtained effective dismissal under the International Abstention Doctrine and defended that result in the Fifth Circuit*
• Underwriters Credit Suisse Securities USA, Robert W. Baird & Co., Lazard Capital Markets, and others in a putative securities class action involving Section 11 of the Securities Act of 1933 and stemming from alleged misrepresentations relating to Ignite Restaurant Group’s IPO; the case settled favorably for the clients*

*Matter handled prior to joining Latham