Mr. Berube practices in the areas of complex commercial litigation, securities regulation, and white collar, insurance, antitrust, bankruptcy, and employment litigation. His experience includes representing defendants in white collar criminal litigation and regulatory matters, and both plaintiffs and defendants in a variety of business disputes involving claims of fraud, breach of contract, interference with contract, defamation, and unfair practices.
He has represented Fortune 500 and international business entities, as well as principals thereof, in securities and accounting fraud matters, commercial and financial disputes, antitrust investigations, bankruptcy matters, and RICO claims. He has defended clients in proceedings against the Department of Justice, the SEC, and state regulators.
Outside the courtroom, Mr. Berube has significant experience in overseeing complex internal investigations, as well as and representing his clients' interests in mediations and arbitrations.
Mr. Berube received his B.A. from the University of Massachusetts, Dartmouth in 1993, summa cum laude. He received his J.D. from New York University in 1997, cum laude, and was Editor-in-Chief of his law journal.
Key Experience
Mr. Berube has experience in all phases of civil and criminal litigation, including significant trial and appellate experience. He has developed an expertise in regulatory issues facing hedge and mutual funds and their advisors. Representative litigations include:
- Represented a hedge fund in a litigation involving an alleged failed $28.125 million loan trade. The case was favorably settled through mediation.
- Represented an investment adviser to a mutual fund in connection with an enforcement action by the SEC alleging fraud and breach of fiduciary duty. The case was favorably settled at the eve of trail.
- Represented an individual defendant through trial on criminal charges related to the alleged improper sale of stock.
- Represented an aerospace engineering company, Final Analysis Communication Services, Inc., in a complex breach of contract action against General Dynamics Corporation and secured a net jury verdict of $130 million.
- Represented an insurance marketing firm through trial in a complex litigation involving claims of fraud, unfair practices, and breach of contract. The claims at issue focused on the parties' profit sharing arrangement, and policy forms and marketing materials sent to consumers.
Significant Articles and Publications
- Fraud International, The Deal, October 1, 2010
- Not Open and Shut, The Deal, March 20, 2009
- Hedge Funds Unhinged, The Deal, April 17, 2009
- Hedgemony, The Deal, July 21, 2008
- New SEC Antifraud Rule, New York Law Journal, July 30, 2008
Admissions
- New York
- Massachusetts
- District of Massachusetts
- Southern and Eastern Districts of New York
- Court of Appeals for the Fourth Circuit