James Bergin’s practice focuses on the management of complex commercial and consumer litigation, with an emphasis on disputes involving multi-jurisdictional litigation and discovery. He has extensive experience with commercial disputes involving a wide variety of legal issues, including financial service litigation, consumer class actions, product liability claims, contract disputes, debtor-creditor disputes, insurance, privacy litigation, tax, and other matters.
Mr. Bergin has defended numerous consumer class action lawsuits involving financial services, retail, transportation, and communication services, including disputes involving contract, consumer protection, false advertising, and diverse common-law claims. He has advised various clients on financial and regulatory matters, including internal investigations and the impact of financial privacy regulations on discovery obligations in litigation. He has considerable experience in insurance advisory and litigation matters, such as commercial liability, D&O, and professional liability insurance, and in counseling on professional responsibility matters. He has represented major pharmaceutical clients in product liability actions, and served as nationwide coordinating counsel for Sankyo in litigation involving the diabetes drug Rezulin. Mr. Bergin was selected as a “Super Lawyer” in the field of Business Litigation in New York City in 2007, 2008, 2012, 2013 and 2014.
Mr. Bergin is a member of the American Bar Association, the Association of the Bar of the City of New York, and the New York State Bar Association. He is also a member of the Executive Committee of the Commercial and Federal Litigation Section of the New York State Bar Association, and serves as Co-Chair of the Commercial and Federal Litigation Section’s Committee on New York Civil Practice Law and Rules.
Through his service on the New York State Bar Association’s Commercial and Federal Litigation Committee, Mr. Bergin has developed extensive experience in drafting and critiquing legislation affecting litigation procedure. He is the principal author of the New York State Bar Association’s proposal for the adoption of rules governing electronic discovery in civil litigation, adopted by the Bar in 2008.
Before joining Morrison & Foerster, Mr. Bergin was an associate at Simpson Thacher & Bartlett. In 1988, Mr. Bergin completed Columbia University’s Parker Program in International and Foreign Law, receiving Recognition of Achievement with Honors. He received his J.D. from Columbia University School of Law, where he was Senior Editor of the Columbia Law Review and a Harlan Fiske Stone Scholar.
