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Ari M. Berman

Ari M. Berman Partner, Commercial & Business Litigation

Ari’s main area of practice is commercial litigation, with an emphasis on lawsuits involving the federal securities laws. He has significant experience representing companies and individuals — including public companies, financial institutions,  private investment funds, and officers and directors — in contexts such as investigations and enforcement proceedings by the SEC, FINRA, and other law enforcement and regulatory agencies.

In addition, Ari has significant experience representing companies in bankruptcy court proceedings and investors in distressed settings. Ari is also the head of V&E’s Israel Practice.

Experience Highlights

Securities & Shareholder Litigation

  • (N.D. Okla.) — Obtained dismissal of claims against directors in securities class action alleging control person liability under the 1933 and 1934 Acts
  • (S.D.N.Y.) — Obtained dismissal of claims against oil & gas company in connection with securities class action
  • (S.D.N.Y.) — Obtained dismissal of stock option backdating claims against former chief executive officer of public company 
  • (Texas and Kansas State Courts) — Represented a buyout group member in defeating an attempt to derail a transaction and in defense of shareholder class actions challenging buyout price
  • (S.D.N.Y.) — Represented a former director of a public company in a shareholder derivative action alleging excessive officer and director compensation
  • (S.D.N.Y.) — Assisted in representation of foreign underwriters in defense of a WorldCom securities class action
  • Assisted in representation of an international securities firm in FINRA arbitrations

Federal & State Regulatory Proceedings

  • Represented a private equity firm in New York State Attorney General and SEC investigations involving “pay-to-play”
  • Represented a private equity firm and its board designees in an SEC investigation into the collapse of an oil and gas company
  • Represented REIT client in connection with SEC investigation regarding disclosure of various accounting practices 
  • Represented individual in connection with DOJ insider trading investigation (S.D.N.Y.)
  • Represented an investment bank in a DOJ investigation regarding solar tax credits
  • Represented publicly traded energy company in connection with internal investigation regarding whistleblower complaint
  • Represented a petroleum company in an FTC investigation involving anti-competitive conduct in the oil and gas markets
  • Represented an investment bank in an SEC investigation involving a “pump and dump” scheme
  • Represented an international securities firm in FINRA investigations into integrity of public offerings
  • Represented NYSE specialists in connection with NYSE, SEC, and U.S. Attorney investigations into the specialist industry

Commercial & Business Litigation

  • Represented major pharmaceutical company in a $1.4 billion purchase price adjustment arbitration and related indemnity claims  
  • Represented claimant insured in a suite of 11 ad-hoc arbitrations concerning a denial of coverage in a pharmaceutical-related insurance policy excess tower
  • (S.D.N.Y.) — Part of trial team that represented publicly traded insurance companies in $1 billion dispute concerning surety bonds
  • (Fed. Cl.) — Part of trial team that represented a manufacturing conglomerate in a tax shelter trial
  • (New York State Court) — Part of team that obtained complete dismissal of claims against a financial services company in an action challenging “Forward Out” financial strategy
  • (S.D.N.Y., affirmed by 2d Cir.) — Part of team that obtained dismissal of a publicly traded cable television provider from a customer class action alleging excessive rates
  • (E.D.N.Y.) — Represented an international logistics company in an antitrust class action involving the freight forwarding industry
  • (N.D. Ind.) — Part of team that obtained preliminary injunction against a competitor on behalf of a meat industry client in a trademark dispute

Bankruptcy Litigation

  • (S.D.N.Y.) — Representing an investment bank in a fraudulent transfer action brought by the trustee for Chapter 7 estate of a real estate developer in the Federal District Court for the Southern District of New York
  • (S.D.N.Y.) — Representing several shareholder defendants in connection with Tribune clawback litigation
  • (Bankr. D. Del.) — Represented private equity fund in Chapter 11 proceedings of an oil & gas company, including adversary proceedings
  • (Bankr. E.D. La.) — Represented private equity fund in Chapter 11 proceedings of offshore company, including adversary proceedings 
  • (Bankr. D. Del.) — Represented a private equity firm in the bankruptcy of a portfolio company, including a Bankruptcy Court-appointed Examiner’s investigation and avoidance claims brought by Litigation Trustee
  • (Bankr. S.D.N.Y.) — Represented Shinsei Bank in connection with its claims against Lehman Brothers Holdings, Inc
  • (Bankr. D. Vt.) — Part of trial team that successfully represented a financial advisor to creditors’ committee in a Bankruptcy Court action arising from advisor’s engagement
  • (Bankr. D. Del.) — Represented a secured lender group to a pipeline company in Chapter 11 proceedings
  • (Bankr. D. Del.) — Represented an energy company in connection with preference actions brought by a Litigation Trustee

Contact Details

New York

T +
F +1.917.849.5368
666 Fifth Avenue
26th Floor
New York, NY 10103
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Ari's Practices

  • New York University School of Law, J.D., 1999 (NYU Law Review, 1997–1999)
  • University of Pennsylvania, B.A., History magna cum laude, 1996
  • Admitted to practice: New York; U.S. Court of Appeals for the Second Circuit; U.S. District Courts for the Southern and Eastern Districts of New York; U.S. Court of Federal Claims
  • Selected to the New York Metro Super Lawyers list, Super Lawyers (Thomson Reuters), 2016−2018
  • Member: New York Regional Board, Anti-Defamation League (June 2004–2016); Federal Courts Committee, New York City Bar Association