Image

David Berman

Senior Associate

David Berman is a Senior Associate in the Litigation & Investigations group at A&O Shearman.
David has experience representing clients in multi-jurisdictional regulatory investigations, including investigations involving the UK Financial Conduct Authority, the UK Serious Fraud Office and various other UK and international authorities. David has also represented clients (both as claimants and defendants) in English Commercial Court proceedings and other civil disputes and has particular experience in company law disputes and misselling claims. His clients span the financial services, insurance, construction and automotive sectors. Prior to joining the firm, David worked in the Commercial Disputes team at Herbert Smith Freehills in Australia where he had varied experience acting for clients in commercial disputes in both federal and state jurisdictions.

Experience

Pro bono

Advising a UK charity on litigation strategy in connection with a claim to challenge the constitutionality of laws which criminalise same-sex conduct in an African jurisdiction.

Advising the United Nations Special Rapporteur on Torture on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment.

Advised a global charity on issues regarding misleading and deceptive conduct under the Australian Consumer Law.

Published Work

  • Bank held to higher duty despite no advisory relationship (Allen & Overy Litigation Review, 27 June 2017)
  • Innocent misrepresentation: damages only available if rescission is possible too (Allen & Overy Litigation Review, 30 December 2015)
  • Intervention in Libya: Another Nail in the Coffin for the Responsibility to Protect, International Community Law Review, 2012

Leadership Positions And Professional Affiliations

  • Admitted as a Solicitor and Barrister in the Supreme Court of New South Wales, July 2012
  • Admitted to the Register of Practitioners of the High Court of Australia, July 2012
  • International Studies (BA), University of New South Wales (Australia), 2012
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.