Kirby McInerney LLP | Financial Litigation Law Firm | Randall Berger
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Randall  K. Berger


Whistleblower/Qui Tam


  • Iowa State University (B.S., 1985)
  • University of Chicago Law School (J.D., 1992)


  • New York State Bar
  • United States District Courts for the Southern, Eastern and Northern Districts of New York
  • United States District Court for the District of Colorado
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Federal Circuit
Randall K. Berger
Of Counsel
Tel: 212.371.6600
Fax: 212.751.2540
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Randall K. Berger is Of Counsel to the firm and practices out of our New York office.  

He joined the firm in 1994.  Mr. Berger’s practice focuses on commercial arbitration, antitrust, whistleblower and unclaimed property litigation.  In whistleblower cases, Mr. Berger has helped expose fraud against federal and state governments by representing persons having unique knowledge of the circumstances surrounding the fraud.  These cases are generally litigated under seal and the whistleblowers are often compensated from any recovery in the case.
Mr. Berger is also a certified arbitrator for FINRA (the Financial Industry Regulatory Authority).  The arbitration panels on which Mr. Berger serves are used to resolve disputes between investors and broker dealers or registered representatives and to resolve intra-industry conflicts.

Some of Mr. Berger’s relevant work includes:
  • Representation of municipal issuers of Auction Rate Securities in FINRA arbitrations alleging misrepresentations by underwriters.
  • Representation of State Treasurers in litigation against the federal government to recover unclaimed U.S. savings bond proceeds.
  • Representation in antitrust litigation against the 27 largest investment banks in the United States in connection with alleged price fixing in the market for the underwriting of initial public stock offerings.
  • Co-lead counsel for investors in Ponzi scheme instruments issued by the now-bankrupt Bennett Funding Group in a class action which resulted in a recovery of $169.5 million for the class.

Prior to attending law school, Mr. Berger was a management consultant with Arthur Andersen & Co. where he did information systems design and programming.  Upon graduation from law school and before joining KM, Mr. Berger was an associate with the law firm Winston & Strawn