Representative Cases Handled as an Arbitrator:   Mr. Berger has arbitrated numerous employment and commercial disputes including:

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• entitlements to constructive termination benefits in pharmaceutical industry

• “whistleblower” complaints in manufacturing, financial services and communications

• severance payments and alleged age discrimination in information technology

• wage and hour disputes in health care

• insider trading and breach of fiduciary obligations

• discharge allegedly in violation of the ADA in broadcasting

• discrimination allegedly on account of national origin in financial services

• a talent agent’s entitlement to fees

• alleged retaliation in violation of the FMLA in communications

• application of benefits agreement and Statute of Frauds in manufacturing

• discharge for inappropriate “on air” behavior in broadcasting

• breach of contract and entitlement to commissions in real estate

• liquidated damages for breach of settlement agreement in manufacturing

• termination for substance abuse in banking

• entitlement to stock options under change in control provisions in communications

• ownership of intellectual rights and equity interests in medical, computer technology and biometric security fields

• termination of sports executive for “extraordinary circumstances”

• alleged embezzlement in the real estate industry

• failure to pay separation pay in hospitality industry

• failure to pay law firm partner’s driver overtime

• discrimination against employee who applied to be a member of the US Army

• disability discrimination of attorney at law firm

• sexual harassment and retaliation against exotic dancers

• failure to distribute gratuities to food service workers

• sexual harassment of "fit" model

• failure to accommodate pregnant call desk manager

• violation of non-compete agreement in fashion industry

• unilateral changes in financial services industry commission plan

• hotel executive fraudulently induced into signing Separation Agreement

• nonrenewal of college professor on account of religion

• failure to accommodate director suffering from depression