Keara A. Bergin

Partner

 

kbergin@dpklaw.com

Phone: (212) 943-9000 x 113

Fax: (212) 943-4325

 

Keara Bergin represents clients in complex commercial litigation proceedings in both federal and state courts at the  trial and appellate levels.  Her multinational clients include public corporations and privately held firms, as well as individual directors, officers or stakeholders.

 

Keara’s practice has involved a broad variety of substantive issues:  structured finance-related litigation following underperforming or failed transactions; interpretation and application of material adverse condition clauses in M&A litigation; obligations of hedge fund investors under Section 13(d) to disclose acquisitions of shares prior to and during proxy contests; scope and exercise of fiduciary duties by directors of parent and subsidiary corporations in financial distress; post-closing disputes among sellers and purchasers of assets; compensation disputes following separation of employment; corporate governance issues of limited partnerships and limited liability companies; rights of creditors in bankruptcy adversary proceedings; liability of securities underwriters; competing rights to letter of credit proceeds following insolvency of applicant; application of environmental/energy laws in commercial real estate ventures; and probate court litigation concerning rights arising under wills and trusts, as well as a variety of matters arising out of claimed breaches of contract and other commercial disputes.

 

Keara also conducts internal investigations and provides advice and counsel concerning pre-litigation and other matters to clients, including public and private boards, special litigation committees and individual directors and officers.  She also advises hedge funds, private equity firms and distressed financiers with respect to their investments, portfolio companies or borrowers.

 

Keara began her career at Cravath, Swaine & Moore LLP.  During her years at Cravath,  she worked on securities and antitrust enforcement investigations and litigation.

 

Keara’s most recent matters include:

 

  • Advising various committees of financial services companies’ Board of Directors concerning shareholders’ allegations of securities fraud and other wrongdoing;

  • Winning dismissal of a multimillion dollar breach of contract claim in the Southern District of New York against our client, a Fortune 500 investment and insurance company;

  • Representing a financial services firm in connection with “short sale” securities fraud litigation;

  • Winning dismissal in New York State Court of claims for indemnification by an asset seller on behalf of our asset purchaser client;

  • Winning dismissal of a fraudulent conveyance claim against our client in theRefco bankruptcy and related proceedings;

  • Representing private equity firms in connection with potential and actual litigation following their investments, including winning 12(b)(6) dismissal of a claim of fraudulent conveyance brought by a bankruptcy trustee; and

  • Winning on summary judgment the dismissal of breach of fiduciary duty claims against our client, a former CEO and Board Member, following the demise of an international telecommunications enterprise.

Education

  • J.D. cum laude, Fordham University School of Law, 1994

    Editor, Fordham Law Review

  • B.S. Cornell, 1991

 

Admissions

  • New York

  • United States Supreme Court

  • United States Court of Appeals for the Second Circuit

  • United States District Court for the Southern District of New York

 

 

 

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