Walter M. Berger, Partner

Casey Berger is a partner in the firm’s Houston office whose practice focuses on complex business litigation and trial practice, including securities, antitrust, consumer fraud, and class action defense. His range of experience includes defense of corporations, officers, and directors in private securities litigation; derivative actions and enforcement proceedings; defense of companies in antitrust and consumer fraud class actions; disputes arising out of international construction projects; and the representation of major corporations in international arbitration. Mr. Berger has significant experience in all phases of trial and appellate practice in both state and federal courts, as well as arbitration proceedings throughout the United States and abroad.

Representative Highlights

• Garden City Employees’ Retirement System v. BJ Services Company, et al.  Acted as lead counsel for defendant Baker Hughes Inc. in several consolidated shareholders class actions brought in Texas State Court seeking to enjoin Baker Hughes’ $5.5 billion acquisition of BJ Services Co.  The matters were resolved on favorable terms and the merger proceeded to consummation.
• Consumer Fraud Class Actions.  Represented a national services provider and its subsidiaries in a series of state court consumer fraud class actions challenging the defendants’ pricing and notice practices.  The cases were either dismissed on the pleadings or settled for less than nuisance value.  No contested plaintiff classes were ever certified. 
• In re Marine Hose Antitrust Litigation. Defended European manufacturing firm in antitrust class action arising out of an alleged international price fixing and bid-rigging cartel in the marine hose industry.
• Shirvanian v. Defrates. Successfully defended a Fortune 200 company in an important case of first impression under state securities laws involving damages in excess of $200 million; obtained a summary judgment verdict for the client, and successfully defended that judgment on appeal. Shirvanian v. Defrates et al., 161 S.W.3d 102 (Tex.App. – Houtson [14th Dist.] 2004).
• Securities and Commercial litigation. Successfully defended 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; damages claims ranged from $5 million to over $100 million; cases involved use of the multi-district litigation transfer procedures; obtained several dismissals in advance of trial; successfully defended several dismissals on appeal to the United States Court of Appeals for the Fifth Circuit. See e.g. Smith v. Waste Management, Inc., 407 F.3d 381 (5th Cir. 2005); Jeffrey Courtney v. Arthur Andersen LLP, 2008 WL 280897 (5th Cir. 2008).
• Securities Litigation. Represented a major pharmaceutical company in a securities fraud class action filed in the Southern District of New York. The case was settled prior to the court’s ruling on class certification.
• International Arbitration. Defended a Fortune 200 company in an International Chamber of Commerce arbitration that was tried in New York in 2005; claims were in excess of $100 million and involved French, US, and Latin American assets.
• Commercial litigation. Successfully defended an international energy services firm and its IT subsidiary in a tortious interference and intellectual property action in Texas state court; obtained a nonsuit for our client in advance of trial.
• Commercial Litigation and Arbitration. Served as lead counsel for venture capital firm and its portfolio technology companies in several employment, executive compensation, securities and breach of contract disputes.
• Chicago Bridge & Iron NV v. Fluor Daniel, Inc. Successfully defended US parent and Australian subsidiary in a breach of contract and tortious interference action related to a major construction dispute in Australia. The case involved proceedings in both state and federal court. Obtained effective dismissal under the International Abstention Doctrine, and defended that result in the United States Court of Appeals for the Fifth Circuit.

Honors and Awards

Activities

Education