Pierre Bergeron is the chair of Squire Sanders’ Appellate & Supreme Court Practice Group. He formerly clerked for The Honorable David A. Nelson of the Sixth Circuit Court of Appeals, and is a frequent author and speaker on appellate practice. Pierre was a contributing author to the Sixth Circuit Practice Manual and published articles on appellate practice in Emory Law Journal and Tennessee Law Review. He has directed the Appellate Litigation Clinic at the University of Cincinnati and is a member of the Sixth Circuit’s rules committee.

Pierre has significant US Supreme Court experience. He argued a case under the Individuals with Disabilities Education Act before the Court and served as co-counsel on a landmark Federal Arbitration Act case before the Court. He also led the amicus efforts in a case before the Court concerning federal jurisdiction under the Federal Arbitration Act and one concerning the recoverability of attorney’s fees under Section 1988.

In addition to his Supreme Court practice, Pierre handles a variety of appellate matters across the country. He is currently handling cases in several federal circuits and state appellate courts including the defense of a more than US$35 million judgment in an unfair competition and defamation case, an appeal concerning a US$500 million preferential claim by the government in a bankruptcy case and the appeal of an international abstention ruling concerning a foreign US$14 million judgment. He was also recently retained to lead the post-judgment and appellate proceedings for two separate adverse multimillion-dollar jury verdicts in products liability cases. He has argued numerous times before the federal appellate courts, the Ohio Supreme Court and the intermediate appellate courts of several states.

Beyond his appellate practice, Pierre regularly handles complex civil litigation matters including international and cross-border litigation. He has led the US litigation efforts related to disputes also pending in Germany, Costa Rica, the Dominican Republic and Guatemala. In this respect, he routinely coordinates with foreign counsel to develop a coordinated plan to achieve the client’s litigation objective.

Pierre has substantial experience in healthcare litigation. He led the litigation and negotiation efforts that helped recover nearly US$500 million in assets for a nonprofit hospital. He also represented a hospital in a significant qui tam case under the False Claims Act, a managed care organization in a dispute with non-participating providers, and hospitals and physicians in various non-compete and contract disputes. He is currently handling a class action regarding the applicability of various Medicare regulations.

In connection with his healthcare and complex civil litigation practice, Pierre regularly assists clients in governmental investigations (that often relate to litigation). He has recently defended investigations by the Securities and Exchange Commission, the Federal Trade Commission, the Office of Inspector General, the Internal Revenue Service and the Department of Justice.

Pierre has been included in Chambers USA each year since 2010. He was also selected for inclusion in the 2009 and 2012 editions of Ohio Super Lawyers – Rising Stars, a distinction that recognizes lawyers under the age of 40 or those in practice for 10 years or less. He was listed as a future star in Ohio by Benchmark: Litigation.

Representative Experience

Appellate

• Obtaining reversal by the Sixth Circuit of a multimillion-dollar judgment against an insurer based on an unclean hands defense asserted against a receiver.
• Obtaining affirmance by the Fifth Circuit of a dismissal of an action based on a lack of personal jurisdiction under Mississippi’s long arm statute.
• Obtaining vacatur of a foreign antisuit injunction by the Eleventh Circuit that had prevented a Costa Rica-based client from proceeding with litigation in Costa Rica.
• Obtaining affirmance by the Second Circuit of the dismissal of a securities and common law fraud claim on behalf of a Korea-based bank in litigation arising from the collapse of a Belgium-based company.
• Obtaining mandamus relief from the Sixth Circuit that overturned a district court decision compelling county prosecutors to testify over privilege objections.Obtaining reversal by the Sixth Circuit of an order denying motions to compel arbitration in a case involving allegations of securities broker fraud.

Trial Level  

• Obtaining dismissal based on international abstention grounds of action that sought to collaterally attack a US$14 million judgment from the Dominican Republic.
• Obtaining an order requiring an opposing party to post more than US$100 million in escrow pending judgment, which facilitated a favorable settlement for a client.
• Representing a nonprofit hospital in a case that prevailed after a five-week trial with a determination that the hospital was entitled to leave the healthcare system of which it was a member and that the system had breached fiduciary duties to the hospital. Successfully preserved victory on appeal.
• Obtaining an order dismissing a US$50 million lawsuit brought by a corporate shareholder against a rail company.
• Moving successfully to compel arbitration of a putative class action brought by consumers in Ohio federal court against a financial institution. 
• Prevailing in arbitration regarding a dispute over equity ownership in a privately held financial institution.

Pro Bono Experience

• Obtaining reversal of murder conviction by Kentucky Supreme Court based on the trial court’s failure to admit exculpatory evidence.
• Succeeding in a 4-3 decision before the Ohio Supreme Court in a case in which the Court held that “cash only” bonds were unconstitutional under Ohio’s constitution.
• Securing the reversal of a felony conviction before the Sixth Circuit based on a Confrontation Clause violation.
• Obtaining the reversal of a sentence enhancement before the Sixth Circuit in a felony gun possession case; the decision immediately freed the client.
• Coordinating the appellate strategy in a case in which DNA evidence discovered after filing the appeal led to the complete exoneration of a client and vacatur of a life sentence for a murder conviction.