- California
David Berger
David represents consumers in class actions with a special emphasis on data breach, privacy, and financial services litigation. He currently serves in court-appointed leadership roles in In re Change Healthcare, Inc. Customer Data Security Breach Litigation (D. Minn.), In re Equifax, Inc. Fair Credit Reporting Act Litigation (N.D. Ga.), In re Sequoia Benefits and Insurance Data Breach Litigation (N.D. Cal.), In re Prosper Data Breach Litigation (N.D. Cal.), and Negron v. Ascension Health (E.D. Mo.). David has also represented victims in some of the largest and most influential data privacy and security cases, including litigation against Equifax, Anthem, Vizio, Adobe, Banner Health, and Excellus BlueCross BlueShield. David has repeatedly obtained record-breaking settlements on behalf of his clients, including in the Equifax and Anthem data breach cases, which set successive records for the largest data breach settlement in history.
David is widely regarded as a leader in litigation involving data breach and privacy, which is underscored by his broad technical expertise—from cybersecurity controls, industry standard IT practices, information security frameworks, and auditing processes—to AI and algorithmic systems and proper use and protection of personal information. He has deposed Chief Information Security Officers and information security professionals at Fortune 500 corporations, worked with expert witnesses on cutting-edge cybersecurity and damages theories, and supervised large-scale document review teams poring over millions of technical documents in a compressed timeframe. David is frequently called on to negotiate business practice changes in data breach settlements, often directly with the defendants’ information security executives. In this role alone, he has obtained nearly two billion dollars in information security improvements to secure class members’ data.
David is also an active member of the privacy class action legal community. He is a current board member and former chair of the American Association for Justice’s Consumer Privacy and Data Breach Litigation Group and an active member of The Sedona Conference’s Working Group on Data Security and Privacy Liability, which identifies and comments on trends in data security and privacy jurisprudence to move the law forward in a reasoned and just way. David is frequently invited to present at conferences and symposia on information security and privacy issues and consumer class actions.
Wonderful experience with everyone at Gibbs Mura! Kept me in the loop as the case was progressing and were always available and willing to answer any questions.
- Elizabeth D.
[David Berger has] especially strong expertise in handling data breach class action litigation.
- United States District Judge, Northern District of California
admissions−
awards+
Lawdragon 500 Leading Plaintiff Financial Lawyers, Lawdragon, 2025-2026
Super Lawyer, Northern California Super Lawyers, 2021-2025
Rising Star, Northern California Super Lawyers, 2016-2018
Certificate of Recognition, American Association for Justice, 2022
education+
- J.D., Northwestern University School of Law, 2008
- B.A., University of Wisconsin, Madison, 1998
memberships+
- American Association for Justice’s Consumer Privacy and Data Breach Litigation Group, Board Member and Former Chair
- Sedona Conference’s Working Group on Data Security and Privacy Liability
- Sedona Conference’s WG11 Brainstorming Group “Exploring Greater Efficiencies in Data Breach and Privacy Class Action Litigation, Co-Chair”
- National Civil Justice Institute Fellow
Presentations & Articles+
Strategies and Tactics in Consumer Privacy and Data Breach Cases: Damage Theories Supporting Class Certification
American Association for Justice's Annual Convention
July 21, 2025
Cybersecurity Issues Affecting Health Benefit Plans
U.S. Department of Labor, Advisory Council on Employee Welfare and Pension Benefit Plans
July 20, 2022
Internet Data Accumulation and Protection
Pound Civil Justice Institute, The Internet and the Law: Legal Challenges in the New Digital Age
November 6-7, 2021
Facial Recognition Technology Bans
The Sedona Conference, Annual Meeting of Working Group 11 on Data Security and Privacy Liability
April 14-15, 2021
Privacy and Data Breach Class Actions
Western Alliance Bank Class Action Law Forum 2020
March 4-5, 2020
Communicating With The Class
Class Action Mastery Forum
January 2019
Hot Topics in Consumer Class Actions Against Insurers: Filed Rate Doctrine, Standing, and Reverse Preemption of RICO Claims
Sacramento California Insurance Regulation and Litigation Seminar, Clyde & Co.
March 2018
Winning strategies in privacy and data security class actions: the plaintiffs' perspective
Berkeley Center for Law & Technology, Boalt Hall School of Law
January 2017
Don’t be Spokeo’d: What You Need to Know in Litigating Data Breach Cases (from breach to remedies)
ABA Business Law Section Annual Meeting
September 2016
Developments in ‘E-Commerce’ Class Actions and Privacy Law
Perrin Class Action Litigation Conference
May 2016
Data Breach Class Action Litigation
Mass Torts Made Perfect Conference
April 2016
Defenses in Data Breach Litigation and Cases Against Responsible Third Parties
HB Litigation Data Breach and Privacy Litigation Conference
February 2016
Pleading and Litigation Consumer Data Breach Cases
Consumer Attorneys of California Hawaii Travel Seminar
December 2015
Litigation Highlights
In re MGM International Resorts Data Breach Litigation
Court-appointed interim class counsel in this data breach case against MGM, which involved the exposure of millions of personal records in two breaches in 2019 and 2023. He was key to negotiating the $45 million settlement, which received final approval on June 18, 2025.
In re Prosper Funding, LLC Data Breach Litigation
Interim co-lead counsel in ongoing litigation against financial services company Prosper Funding LLC, concerning a September 2025 data breach which exposed and compromised the sensitive personal identifying information like social security numbers.
In re Sequoia Benefits Data Breach Litigation
Court-appointed Class Counsel in litigation against Sequoia Benefits regarding the 2022 data breach which exposed and compromised the sensitive information of over 580,000 people nationwide, including Social Security numbers, member IDs, and wage data. A settlement for $8.7 million cash payment to a nationwide class, including a California subclass receiving an extra cash payment, and requiring Sequoia Benefits to adopt enhanced data privacy practices, received preliminary approval on September 10, 2026.
In re Equifax, Inc. Customer Data Security Breach Litigation
In securing what was described by the court as “the largest and most comprehensive recovery in a data breach case in U.S. history by several orders of magnitude,” David played an integral role by negotiating key business practice changes including overhauling Equifax’s handling of consumers’ personal information and data security and requiring that the company spend at least $1 billion for data security and related technology over five years in addition to comprehensive technical and governance reforms.
In re Anthem, Inc. Data Breach Privacy Litigation
Key member of the litigation team representing interests of plaintiffs and putative class members following massive data breach of approximately 80 million personal records, including names, dates of birth, Social Security numbers, health care ID numbers, email and physical addresses, employment information, and income data.
In re Equifax, Inc. Fair Credit Reporting Act Litigation
Court-appointed Interim Co-lead counsel in ongoing litigation against Equifax related to the company reporting inaccurate credit information on approximately 2.5 million Americans who applied for mortgages, loans, and credit cards between March 17 and April 6, 2022.