Daniel Bernstein focuses on complex commercial litigation, corporate internal investigations, and white-collar criminal defense.
He is experienced with all phases of litigation. Mr. Bernstein has authored dozens of pleadings and briefs in trial and appellate courts around the country, including four briefs in the US Supreme Court. He also has argued motions and appeals, taken and defended depositions, overseen multi-jurisdictional discovery, participated in mediations, and negotiated multi-million dollar settlements.
In addition to his courtroom experience, Mr. Bernstein has represented individuals and companies in investigations by the US Department of Justice (DOJ), the US Securities and Exchange Commission (SEC), and other federal, state, and self-regulatory authorities. He also counsels international businesses on how to manage legal and regulatory risks.
In law school, Mr. Bernstein served as an Articles Editor on the Stanford Law Review. Between college and law school, Mr, Bernstein studied international relations in India through the Yale University Fox International Fellowship.
Litigation Representative Matters
- Private equity firm in New York litigation concerning investment in energy company, including arguing and winning appeal to pursue contract and tort claims, and dismissal of all counterclaims.
- Latin American financial institutions in sovereign-debt-related counseling and litigation, including as amicus curiae before the US Supreme Court.
- Consumer electronics company in contract and intellectual property disputes.
- Public company in DOJ and SEC investigations involving the Foreign Corrupt Practices Act.
- Former CEO of a public company in putative class-action lawsuit under federal securities laws and investigation by the SEC.
- Financial institutions in residential mortgage-backed securities litigation in New York Supreme Court.
- Financial institutions and individuals in litigation and investigations arising out of the Madoff scandal.
- Insurance company in coverage dispute in Bankruptcy Court.
- Latin American bank in federal litigation involving commercial real estate and bank regulatory issues.
- Chinese media company in New York litigation involving claims of fraud and breach of contract.
- European company in obtaining dismissal of claims asserted under the Alien Tort Statute.
- Foreign countries in matters involving the Foreign Sovereign Immunities Act, public international law, contract disputes, and judgment enforcement.
- Pennsylvania voters and public-interest organizations in overturning a voter-identification law, which courts found would have unconstitutionally disenfranchised voters.
- Tenants' Association in proceedings before the New York City Board of Standards and Appeals.