David Kerschner

David A. Kerschner

Senior Associate

David Kerschner focuses on complex commercial litigation and has worked on teams that have tried cases to jury verdicts in multiple jurisdictions. His experiences include representing major life science companies in product liability actions, contractual disputes, and on antitrust claims relating to restraint of generic competition. Mr. Kerschner has experience handling all phases of litigation including trial strategy and preparation. He has also worked on internal investigations with large corporate clients.

In his pro bono practice, Mr. Kerschner is working on a parole appeal with the Innocence Project, and an appeal for a prisoner on death row in Alabama. Mr. Kerschner has also represented probono clients seeking to recover damages for property lost in a fire, and counseled nonprofit organizations on various trademark issues.

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.


  • Endo Pharmaceuticals and Auxilium Pharmaceuticals in product liability litigation, including an MDL, involving testosterone replacement therapy products (national defense counsel team).
  • Bayer Corporation and Bayer HealthCare Pharmaceuticals, Inc., in the defense of their oral anticoagulant prescription medication, Xarelto® in product liability litigation, including an MDL.
  • King Pharmaceuticals in an MDL with three putative class and multiple individual antitrust 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.
  • Lutron Electronics on various product liability claims against the company's products.
  • 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.


The PREP Act and COVID-19: Two Years Later
Product Liability Risks Cannabis Companies Must Consider
Cannabis Law360, Compliance Law360, Life Sciences Law360, New York Law360, Product Liability Law360, Public Policy Law360, Trials Law360, White Collar Law360
PREP Act Declaration Amended to Clarify Coverage of Products Used to "Limit the Harm" From COVID-19
Coronavirus: Life Sciences & Healthcare Regulatory Advisory
HHS Issues Advisory Opinion Addressing PREP Act Immunity Issues
Coronavirus: Life Sciences and Healthcare Regulatory Advisory
The Public Readiness and Emergency Preparedness (PREP) Act: Liability Protection for Suppliers of COVID-19 Countermeasures
Coronavirus: Life Sciences and Healthcare Regulatory Advisory


New York Super Lawyers
"Rising Star"—Class Action/Mass Torts, Food and Drugs, General Litigation, Antitrust Litigation, Intellectual Property, Securities Litigation (2018–2022)
Best Lawyers
"Ones to Watch"—Antitrust Law (2023)
"Ones to Watch"—Commercial Litigation (2021–2023)
"Ones to Watch"—Product Liability Litigation: Defendants (2021–2023)
Empire State Counsel
Awarded by the New York State Bar Association to members who provide 50 or more hours of pro bono legal service (2013)


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

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