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Mr. Berg practices in the area of civil appeals, public law, and public utilities regulation.

Mr. Berg has participated in the briefing or argument of over three hundred appeals before the United States Courts of Appeals for the Ninth Circuit, the Second Circuit, the Fourth Circuit, the Fifth Circuit, the Eleventh Circuit, the Federal Circuit, the Supreme Court of Arizona and both divisions of the Arizona Court of Appeals. His appellate practice spans a broad field of substantive areas, including insurance coverage, employment, medical malpractice, product liability, environmental, state and local taxation, business torts, real property and mineral rights, bankruptcy, public records and public utilities.

Mr. Berg is involved in regulatory matters and legislation affecting clients concerned with public utilities, environment and telecommunications.

Mr. Berg chairs Fennemore Craig's Management Committee.

Represented the City of Phoenix in a lawsuit brought by various taxpayers challenging the constitutionality of a $100 million retail sales tax incentive agreement between the City and developer NPP CityNorth, LLC. The taxpayers alleged that the subject agreement violated the Gift, Special Law, and Privileges and Immunities clauses of the Arizona Constitution ("Gift Clause"). The trial court rejected each of the taxpayers' claims, and the Court of Appeals of Arizona reversed, holding that the agreement violated the Gift Clause. The Arizona Supreme Court granted review. After hearing the case, it issued a decision early in 2010 that allowed the City of Phoenix sales tax incentive agreement between the City and the developer to stand and vacated the Court of Appeals decision on Gift Clause compliance because the existing legal framework was unclear. It adopted a clear view of public purpose and set a framework for the courts to decide whether a transaction will pass muster under the Gift Clause. Turken v. Gordon, 223 Ariz. 342, 224 P.3d 158.

Obtained decision from Court of Appeals vacating a $25 million punitive damage award in an action against a mental health provider accused of negligent failure to treat. Graham v. ValueOptions, 2010 Ariz. App. Unpub. LEXIS 75

Represented a homebuilder on appeal in a coverage action against the homebuilder’s insurer. Decision resulted in new coverage law favorable to business insureds. Desert Mountain Properties Limited Partnership v. Liberty Mutual Fire Ins. Co., No. CV-10-0339-PR (Ariz. May 12, 2011)

Represented a major homebuilder in a successful appeal reversing a summary judgment that the homebuilder's and its contractors' insurers did not have a duty to defend a construction defect lawsuit under a general liability insurance policy. Lennar Corp. v. Auto-Owners Ins. Co., 151 P.3d 538 App. 2007

Represented a public official in an appeal resulting in an Arizona Supreme Court opinion establishing that personal emails of a public employee located on his or her employer’s computer are not public records unless related to the public business of the employee. Griffis v. Pinal County and Phoenix Newspapers, 215 Ariz. 1, 156 P.3d 418 (2007)

Represented an incumbent telecommunications company in a appeal to the Arizona Supreme Court establishing that all telecommunications providers in the state are subject to the state constitution’s fair value requirement. US West Communications, Inc. v. Arizona Corporation Commission, 201 Ariz. 242, 34 P.3d 351 (2001)

Represented Arizona Governor Jane Dee Hull in a special action to the Supreme Court concerning the constitutionality of a statute adopted to deal with the court’s mandate concerning funding of construction of school facilities. Hull v. Albrecht, 192 Ariz. 34, 960 P.2d 634 (1998)

Featured Speaker at the 2012 Appellate Advocacy Seminar. Topic: Building an Appellate Practice.

Attorneys' Fees on Appeal, Chapter Nine, Arizona Attorneys Fees Manual, 3d Ed.

Attorneys' Fees, Chapter Eleven, Arizona Appellate Handbook, Vol. I, 3d and 4th Edition.

Past President, American Academy of Appellate Lawyers

Co-Chair, Arizona Equal Justice Campaign

Past Chair, Board of Directors, Herberger Theater Center

Member, Board of Directors, Greater Phoenix Leadership

Past Member, Executive Committee, National Conference of Commissioners on Uniform State Laws

Chairman, Arizona Commission on Uniform State Laws

Member, Board of Directors, Arizona Law College Association

Member, Appellate Handbook Committee, State Bar of Arizona

Member, State Bar of Arizona

Member, Maricopa County Bar Association

Member, American Bar Association

Past Member, Board of Trustees, Maricopa County Bar Foundation

Arizona Supreme Court, 1975

U.S. Court of Appeals, Federal Circuit, 1994

U.S. Court of Appeals, Eleventh Circuit, 1993

U.S. Court of Appeals, Second Circuit, 1995

U.S. Court of Appeals, Fifth Circuit, 1993

U.S. Court of Appeals, D.C. Circuit, 1991

U.S. Court of Appeals, Ninth Circuit, 1982

U.S. Supreme Court, 1985

United States District Court, District of Arizona, 1975

J.D., with highest distinction, University of Arizona, Order of the Coif, 1975

B.A., with high distinction, Arizona State University, 1972

Associate Editor, Arizona Law Review 

Distinguished Citizen Award, University of Arizona Alumni Association, 2001

Benchmark: Appellate, Leading Appellate Practitioner, Ninth Circuit, 2012-2013

Best Lawyers in America®, Appellate Practice, Communications Law, Energy Law, Municipal Litigation, and Regulatory Enforcement (SEC, Telecom, Energy) Litigation, 2003-2013

Best Lawyers®, Lawyer of the Year, Appellate Law, 2011

Arizona’s Best Lawyers, Appellate Practice and Commercial Litigation, 2011

Best Lawyers®, Lawyer of the Year, Litigation-Regulatory Enforcement (SEC, Telecom, Energy), 2012

Chambers USA, Leading Lawyers for Business, 2012

Southwest Super Lawyers®, Appellate, 2007-2013

Southwest Super Lawyers®, Top 50 Arizona Super Lawyers, 2012-2013

2012 Most Admired CEO Award recipient - Phoenix Business Journal 

AV® Preeminent ™ Peer Review Rated (the highest rating available), by Martindale-Hubbell 

Government Procurement
Appeals
Energy, Telecom and Utilities
Indian Law