David Berger

David Berger


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. David has represented plaintiffs in complex lawsuits involving some of the nation’s largest retail and healthcare data breaches, including litigation against Adobe, Anthem, Home Depot, Experian, and Excellus BlueCross BlueShield, among others.

Prior to joining Gibbs Law Group, he was a law clerk in the Northern District of California, litigation counsel for the Economic Community of West African States, and an associate at a prominent business law firm in Minnesota.

Prior to attending law school, David worked as an editor and television presenter in Taiwan and managed an outdoor center on an island off the West Coast of Scotland.

Litigation Highlights

  • 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
  • American Association for Justice
  • 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