Gabriel Berg

Gabriel Berg is a partner in Robins Kaplan’s New York office. A true trial lawyer, Gabriel has tried numerous complex commercial jury trials, bench trials and arbitrations, as plaintiffs and defendants across a broad range of business sectors. From the moment he meets a client to his final words in closing argument, Gabriel weighs every strategic decision by considering its impact on the trial. Even in matters that settle quickly, this trial-focused approach increases the value of Gabriel's cases.

While Gabe has won numerous cases through motion practice and interlocutory appeal, he has had the unique opportunity to gain trial experience from his first year of practice twenty-five years ago to today. Gabe firmly believes that trials are most often won by the combination of pretrial preparation, effective cross-examination, and the ability to strategize nimbly during trial. Over the course of his career, Gabe has tried cases involving high-stakes claims for breach of contract, breach of fiduciary duty, fraud, misappropriation of trade secrets, patent infringement and others.

Gabe is proud of the results he has achieved for his clients – and the measure of justice exacted in many cases. During a recent bench trial in New York, Gabe cross-examined a defendant who ultimately was found in criminal contempt of court and sentenced to 30 days in prison after the Court found that the witness had "committed perjury" during trial. In addition to this defendant’s serving time at Rikers Island as a result of the criminal contempt finding in that action, Gabe obtained a $4.3 million judgment on behalf of his client. In another recent matter, Gabe helped to expose unethical conduct by Defendants that resulted in an investigation by the Maryland Attorney Grievance Committee and, ultimately, the suspension and disbarment of two Maryland lawyer-Defendants. That action also resulted in a $17 million judgment in favor of his client, which recently was affirmed on appeal.

Education

• American University Washington College of Law (1997)
• George Washington University, B.A. (1994)

Representative Matters

Represented KrunchCash LLC, a specialty funder, in a high-stakes battle against a group of Maryland lawyers. Won a $17 million judgment, the appointment of a receiver over Defendants’ business and property and defeated a related suit brought in the Southern District of Florida by Defendants. The $17 million judgments were affirmed on appeal in 2022. KrunchCash, LLC v. The Law Offices of Jonathan S. Resnick, Baltimore Circuit Court, Baltimore County, Case No. C-03-CV-19-0004427 (consolidated). (Prior to joining Robins Kaplan LLP)

Represented KrunchCash against an investment fund in 2021, obtaining a temporary restraining order against the investment fund and securing favorable preliminary findings from the Court that will aid throughout the prosecution of the case. KrunchCash, LLC et al. v. Pursuit Credit Special Opportunity Fund, L.P., [Sup. Ct. New York Cnty. 2021], Index No. 655473/2021 (Prior to joining Robins Kaplan LLP)

Trial counsel to Pensmore Investments, LLC in winning a $4.3 million judgment against Gruppo Levey & Co. and others, piercing the corporate veil as to numerous individuals and entities. The Court found one of the defendants guilty of criminal contempt of Court and sentenced her to 30 days in jail. The matter was affirmed on appeal. Pensmore Investments v. Gruppo Levey et al., [Sup. Ct. New York Cnty. 2014] Index No. 650002/2014 (Prior to joining Robins Kaplan LLP)

Trial counsel to Plaintiffs Doug and Peter Simon in a fight over Industry City Distillery, a vodka company. The case settled favorably after the jury requested that the Judge provide them with a calculator. Simon et al. v. Industry City et al., [Sup. Ct. New York Cnty. 2014], Index No. 156277/2014 (Prior to joining Robins Kaplan LLP)

Trial counsel to Space Race, LLC, and animation company, in winning a $1.4 million American Arbitration Association award against U.S. Space & Rocket Center, home to Space Camp. The case involved a NASA grant to further STEM education by funding season two of Space Race’s animated children’s show. Obtained a temporary restraining order preventing defendants from seeking to vacate the award in Alabama on sovereign immunity grounds. Space Race, LLC v. Alabama Space Science Exhibit Commission D/B/A U.S. Space & Rocket Center, [Sup. Ct. New York Cnty. 2019], Index No. 651742/2019 (Prior to joining Robins Kaplan LLP)

Represented KrunchCash in successfully winning a motion in bankruptcy court to appoint a chapter 11 trustee to manage the business and property of three Maryland law firms. In re: The Law Offices of Jonathan S. Resnick, LLC, The Law Offices of Jonathan S. Resnick, PLLC, The Law Offices of Perry A. Resnick, LLC,U.S. Bankruptcy Court for the District of Maryland, Case No. 20-12822-NVA, [jointly administered]. (Prior to joining Robins Kaplan LLP)

Represented a science foundation in a breach of contract case in federal court in Missouri against a well-established Missouri construction company. Incorporating cutting edge disaster-resistant technology, the 72,000 square foot structure at the center of the action was intended to be a model for tornado-resistant construction and a retreat for scientists to continue its mission. The case settled favorably on the eve of trial. Pensmore Investment, LLC, et al. v. The Monarch Cement Company, Case No.6:15-cv-03214-BP, U.S. District Court for the Western District of Missouri (Prior to joining Robins Kaplan LLP)

Won a plaintiffs’ summary judgment motion on behalf of a real estate partnership in the Appellate Division, Second Department, and secured the vacatur of a tainted jury verdict by reversing the lower court on numerous key decisions. The case, in Nassau County’s Commercial Division, settled favorably after it was remanded for a new trial. Slocum Realty Corp., et al. v. Richard Schlesinger, et al., [Sup. Ct. Nassau Cnty. 2014] Index No. 014458/2010 (Prior to joining Robins Kaplan LLP)

Represented a factoring company in a breach of contract dispute, winning a summary judgment motion requiring defendants to pay plaintiffs’ attorneys’ fees during the pendency of the action.  The case settled favorably after one of the defendants filed for bankruptcy. Crossroads et al. v. Canaras Capital Management. LLC [Sup. Ct. New York Cnty. 2012] Index No. 651268/11 (Prior to joining Robins Kaplan LLP)

He was part of a team that won a directed verdict worth roughly $100 million from an Omaha, Nebraska state court in a breach of contract action involving a Philippine water and energy project against a Berkshire-Hathaway affiliate. (Prior to joining Robins Kaplan LLP)

Obtained a confidential settlement in a $100 million action involving claims of fraud and misappropriation of trade secrets in federal court in San Diego, California. (Prior to joining Robins Kaplan LLP)

Trial counsel to National Basketball Association player agent, Eric Fleisher, in winning a jury verdict of $4.6 million on a breach of fiduciary duty claim in New York Supreme Court, Commercial Division. The jury found that the defendant had unlawfully lured Kevin Garnett and other NBA players to a new agency. (Prior to joining Robins Kaplan LLP)

• Named a “New York Super Lawyer” by Super Lawyers (2022-2024)
• Recognized as a "Lawyer of Distinction" (2022)

Civic

• Represented the Southern Poverty Law Center pro bono.
• Served as a poll watcher in Cleveland, Ohio during the 2004 Presidential election

Professional

• American Bar Association
• New York State Bar Association
• New York City Bar Association

Speeches

• Fiduciary Circumstances That You Never Imagine, But Maybe Should
  Robins Kaplan LLP Wealth Planning, Administration, and Disputes Annual CLE, Minneapolis, Minnesota (November 2, 2023)

Media Mentions

• "How Many Cases Have You Tried To A Verdict?," The New York Law Journal (March 14, 2024)
• "Environmentally conscious: avoiding corporate greenwashing," Financier Worldwide (February 2023)
• "Robins Kaplan Bolsters Business Lit Group With NY Partner," Law360 (June 2, 2022)