Craig J. Bergman
  1. Counsel

Mr. Bergman is counsel in Davis Polk’s Litigation Department in New York. He represents clients in a wide range of civil litigation matters in both federal and state courts nationwide, including complex commercial and contractual disputes, securities class actions, M&A-related litigation, shareholder derivative suits and mass tort actions. He also has extensive arbitration experience before a variety of domestic and international tribunals. Mr. Bergman has represented financial institutions, fintech companies, telecommunications and media companies, biopharmaceutical companies, utility providers, professional services firms, defense contractors and state-owned entities, among others. He also maintains an active pro bono practice, with a focus on representing individuals seeking asylum in the United States.

Work Highlights

  • Won dismissal with prejudice of all claims against Eletrobras in securities litigation seeking to enjoin company’s announced privatization and enforce over $5 billion in alleged debt obligations
  • Obtained dismissal of state and federal securities class actions against XP Inc. and its directors, officers and shareholders, concerning the company’s U.S. IPO
  • Secured dismissal of securities class action on behalf of the underwriters of Velocity Financial’s IPO
  • Represent X Financial, and certain directors and officers, in parallel federal and state securities class actions arising out of the company’s U.S. IPO
  • Represent Reata Pharmaceuticals in federal securities litigation arising out of SEC disclosures and public statements concerning clinical drug trials
  • Represent underwriter defendants in parallel state and federal securities litigation arising out of the IPO of Arlo Technologies
  • Represent underwriters of initial and secondary public offerings of NextCure in federal securities litigation
  • Successfully represented Morgan Stanley in multiple litigations relating to residential mortgage-backed securities
  • Represent Con Edison in a variety of matters, including mass-action civil litigation and government investigations arising out of steam pipe ruptures in Manhattan in July 2018 and July 2007
  • Represent terminal operations and stevedoring company in dispute arising from a fire that caused more than $100 million in alleged damage
  • Won dismissal of federal WARN Act class action on behalf of General Dynamics Information Technology
  • Represent a state-owned Brazilian bank in ICC arbitration against a French consulting firm relating to a joint venture
  • Represented Roche Diagnostics Operations and Roche Diagnostics Hematology in a contract dispute in Delaware Chancery Court relating to earn-out provisions in a merger agreement 

Of Note

  • Co-Author, "With City of Pontiac, 2nd Circ. Shifts Morrison Focus," Law360

Professional History

  • Davis Polk, 2012-2016; since 2017
  • Law Clerk, Hon. Alison J. Nathan, U.S. District Court, S.D. New York, 2016-2017

Practice Focus

Bar Admissions

  • State of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York

Education

  • B.A., Psychology, University of Pennsylvania, 2007
    • summa cum laude
    • Phi Beta Kappa
  • J.D., University of Virginia School of Law, 2012
    • Order of the Coif
    • Editor, Virginia Law Review