Daniel Bernstein focuses on complex commercial litigation, corporate internal investigations, and white-collar criminal defense. He serves as Managing Editor of the firm’s semi-annual publication on Global Anti-Corruption Insights, which covers enforcement of the US Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws.

Mr. Bernstein is experienced with all phases of litigation. He has authored 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, managed expert witnesses, led hearings, participated in mediations and arbitrations, and negotiated 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 regularly counsels international businesses on internal investigations and compliance issues.

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.

Experience

  • Multinational companies in internal, DOJ, and SEC investigations into alleged violations of the FCPA.
  • Private equity firms, as plaintiffs and defendants, in New York Supreme Court litigation with respect to breach of contract, fiduciary duty, and business tort claims.
  • Former CEO of a public company in putative class-action lawsuit under federal securities laws and investigation by the SEC.
  • Financial institutions and professionals in litigation, investigations, and disciplinary proceedings arising out of the Madoff scandal.
  • Insurance company in Bankruptcy Court proceedings concerning insurance coverage for class-action litigation.
  • Consumer products company in multi-billion dollar arbitration against multiple states.
  • Consumer electronics company in contract and intellectual property disputes.
  • Latin American financial institutions in sovereign-debt-related counseling and litigation, including as amicus curiae before the US Supreme 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 (FSIA), public international law, and judgment enforcement.
  • Financial institutions in residential mortgage-backed securities litigation in New York Supreme Court.
  • 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.

Perspectives

Global Anti-Corruption Insights: Winter 2018
Update on Recent Enforcement, Litigation, and Compliance Developments
DOJ Announces New FCPA Corporate Enforcement Policy
Advisory
Global Anti-Corruption Insights: Summer 2017
Update on Recent Enforcement, Litigation, and Compliance Developments
Global Anti-Corruption Insights: Winter 2017
Update on Recent Enforcement, Litigation, and Compliance Developments
Global Anti-Corruption Insights: Summer 2016
Update on Recent Enforcement, Litigation, and Compliance Developments
More

Credentials

Education
  • JD, Stanford Law School, 2009
  • BA, Yale University, 2005, magna cum laude
Admissions
  • New York
Clerkships
  • US District Court, Southern District of New York, The Honorable Sidney H. Stein
Overview

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