David Kerschner

David A. Kerschner

Associate

David Kerschner focuses on general litigation, and has experience in white collar and internal investigations, antitrust, product liability and trademark litigation. His experiences include working on internal investigations with a large corporate clients and representing a major brand name pharmaceutical manufacturers in product liability actions, contractual disputes, and on claims relating to restraint of generic competition. Mr. Kerschner is also a contributor to the firm's Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues and Trademark, Copyright & False Advertising Newsletter.

In his pro bono practice, Mr. Kerschner has represented clients seeking to recover damages for property lost in a fire, participated in the New York City Law Department Deposition Public Service Program, and is involved in the appeal of a prisoner on death row in Alabama.

Mr. Kerschner earned his JD from New York University School of Law, where he was Senior Staff Editor for the Environmental Law Journal. He received his BA, cum laude, from Colgate University.

Experience

  • Brand name pharmaceutical manufacturer in defense of several federal and state class actions alleging that the manufacturer conspired with a potential generic entrant to delay or block generic entry in violation of Section 1 of the Sherman Act and certain state antitrust, unfair trade practices and related laws.
  • Aerospace company and its directors and officers in a securities class action, a shareholder derivative action and a parallel SEC investigation.
  • Irving Oil, Canada's largest refinery, in a suit brought by the State of Vermont seeking statewide remediation of groundwater.
  • Lutron Electronics on product liability claims against the company's products.
  • Endo Pharmaceuticals and Auxilium Pharmaceuticals in product liability litigation involving testosterone products.

Credentials

Education
  • JD, New York University School of Law, 2012
  • BA, Political Science, Colgate University, 2009, cum laude
Admissions
  • New York
  • US District Court, Southern District of New York
Overview

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