Justin T. Berger

In less than a decade in practice, Berger has developed a reputation for handling complex litigation on behalf of employees and consumers. He represents employees in high-stakes whistleblower litigation and has helped his clients win some of the largest recoveries in the history of the False Claims Act.

Whistleblower cases can be interesting because although the bulk of any recovery goes to taxpayers, the original plaintiffs are also entitled to a reward. "That can take a while and get contentious," Berger said.

For two former employees of a diagnostic laboratory who brought to light serious Medicare fraud, Berger secured an additional $1.2 million. Defendant Diagnostic Laboratories Inc., the largest lab provider to nursing homes on the West Coast, paid $19.5 million to the federal and California governments and the whistleblowers to settle allegations it sought to illegally induce the referral of Medicare and Medi-Cal business by offering significant discounts that were not passed along to the governments.

"I like the added layer of complexity, where we're dealing both with our whistleblower clients and with the governments," Berger said. "Here there was a third layer, because both state and federal dollars were at issue. There was no problem with the feds, but we did end up having to go to court on the state side. We do work cooperatively with government lawyers, and I like the different culture of government attorneys, but our clients are our number one priority." U.S. ex rel. Pasqua v. Kan-Di-Ki LLC, 10-00965 (C.D. Cal., filed Feb. 9, 2010)

Berger was lead counsel for several charities and the campaign committees of public officials including Sen. Dianne Feinstein in a massive embezzlement case against campaign treasurer Kinde Durkee and First California Bank, which allegedly abetted Durkee in her scheme. Durkee, described as the "Bernie Madoff of campaign finance," is serving eight years in federal prison.

"Lot of fun, lot of twists and turns," Berger said. "I'm not sure anyone knows the full story. There are secrets that Kinde Durkee may take to her grave."

He said the bank fought hard, with numerous depositions required. By scheduling several test cases involving other plaintiffs, it was possible to keep Feinstein from being deposed. Berger negotiated a confidential settlement with the bank in late 2014 and with other defendants last year. Wardlaw v. First California Bank, SC114232 (L.A. Super. Ct., filed Sept. 23, 2011)

"Each case is a new adventure," Berger said. "I get to become expert on some part of the world I knew nothing about. It keeps the work fresh and keeps me on my toes."

- John Roemer