David Berger

David Berger

Partner

dmb@classlawgroup.com (510) 350-9700 vCard

David Berger represents plaintiffs in class actions with a special emphasis on data breach, privacy, and health care litigation.  He has represented data breach victims in some of the largest and most influential privacy 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 emerging litigation involving data breach and privacy, which is underscored by his broad technical expertise—from hacking techniques and cybersecurity controls, to industry standard IT practices, information security frameworks, and auditing processes.  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. In addition, David holds the Certified Information Privacy Technologist (CIPT) certification through the International Association of Privacy Professionals, a program primarily designed for career IT professionals; this allows him to communicate directly with company witnesses, without the need for expert translation.

Outside of his litigation experience, David is an active member of the class action legal community, frequently speaking at conferences on data breach cases and security issues and other class action topics.  David serves as the Chair of the American Association for Justice’s Consumer Privacy and Data Breach Litigation Group and is an active member of the Sedona Conference’s Working Group on Data Security and Privacy Liability.

Prior to joining Gibbs Law Group, he served as a law clerk to the Honorable Laurel Beeler, Northern District of California (2011-2014). Before law school, David worked as a magazine editor and television presenter in Taiwan and managed an outdoor center on an island off the West Coast of Scotland.

Litigation Highlights

  • In re Equifax, Inc. Customer Data Security Breach Litigation

    Key member of litigation team securing historic $1.5 billion class action settlement on behalf of 147 million consumers whose social security numbers and other private data were exposed in a 2017 data breach, 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 in 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 re Banner Health Data Breach Litigation

    Key member of litigation team representing up to 3.7 million people whose personal health and other sensitive information were exposed in a large-scale 2016 data breach. David played an instrumental role in dispositive motions, depositions and discovery, and he was a key member of the team that negotiated terms of the settlement, which included two years of credit monitoring protections, cash payments for each class member up to $10,000, and robust changes to future business practices.

  • 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.

  • Fero v. Excellus Health Plan Inc.

    Key member of the litigation team representing the interests of 7 million Excellus health plan subscribers and 3.5 million Lifetime subscribers whose personal and medical information was compromised.

  • In re Adobe Systems Inc. Privacy Litigation

    Key member of the litigation team that succeeded in reversing a long line of decisions adverse to consumers whose personal information was stolen in data breaches. Judge Koh issued a 41-page decision in plaintiffs’ favor and the settlement resulted in a comprehensive reform of Adobe’s data security practices. The court’s landmark decision on Article III standing in this case marked a sea change and has been cited favorably in over twenty cases in the year since it was issued.

  • Medicaid Fraud

    Represented insurer alleging Medicaid fraud by chain of dentists. Led fact investigation team and used statistical analyses to focus discovery. After uncovering conclusive evidence of massive fraud, case resulted in multi-million dollar settlement in client’s favor.

  • Personal Injury

    Represented people injured by the Interstate 35-W bridge collapse in victim compensation proceedings.

Show Full Bio

Certified Information Privacy Technologist, International Association of Privacy Professionals

Rising Star, Northern California Super Lawyers, 2016-2018
  • J.D., Northwestern University School of Law, 2008
  • B.A., University of Wisconsin, Madison, 1998
  • Chair, American Association for Justice’s Consumer Privacy and Data Breach Litigation Group
  • Member, Sedona Conference’s Working Group on Data Security and Privacy Liability
  • Consumer Attorneys of California

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

Wonderful experience with everyone at Gibbs Law Group! Kept me in the loop as the case was progressing and were always available and willing to answer any questions.

- Elizabeth D.

Slice 1 BLF 2017