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David Kerschner focuses on product liability and complex commercial litigation. While David’s litigation experience spans various industries, his work focuses on representing life sciences companies in all phases of litigation, including pre-litigation risk assessments and litigation avoidance, discovery strategy, working with experts, along with settlement and trial strategy. He has extensive experience representing clients as national counsel in mass tort litigation involving both prescription and over-the-counter consumer products. David has also served as trial counsel on behalf of a Plaintiff in a commercial matter and has worked on teams that have tried cases to defense jury verdicts in multiple jurisdictions in both state and federal court. 

In his pro bono practice, David is working on an appeal for a prisoner on death row in Alabama and represents individuals in housing court disputes. He has also represented an inmate on a parole appeal with the Innocence Project and has counseled nonprofit organizations on various trademark issues.

David earned his J.D. from New York University School of Law, where he was senior staff editor for the Environmental Law Journal. He received his B.A., cum laude, from Colgate University.


  • Bayer in the defense of their oral anticoagulant prescription medication, Xarelto® in product liability litigation, including an MDL.
  • Bayer in nationwide litigation involving Roundup® (national defense counsel team and trial teams).
  • Eisai as national counsel in a nationwide litigation involving prescription obesity medication, including coordination of both expert and science and company defense.
  • Endo Pharmaceuticals and Auxilium Pharmaceuticals in product liability litigation, including an MDL, involving testosterone replacement therapy products (national defense counsel team).
  • Lutron Electronics, on various product liability claims against the company's products.
  • Pfizer as lead counsel in a state court proceeding involving a hormone therapy product.
  • Viatris, as national counsel in litigation involving allegations of cerebellar atrophy related to the antiepileptic Dilantin®.
  • Multiple global pharmaceutical companies in pharmaceutical product liability cases involving allegations of Stevens-Johnson Syndrome.



Best Lawyers
"Ones to Watch" — Antitrust Law (NY) (2023-2024)
"Ones to Watch" — Commercial Litigation (NY) (2021-2024)
"Ones to Watch" — Product Liability Litigation: Defendants (NY) (2021-2024)
New York Super Lawyers
"Rising Star"—Class Action/Mass Torts, Food and Drugs, General Litigation, Antitrust Litigation, Intellectual Property, Securities Litigation (2018–2022)
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)



  • J.D., New York University School of Law, 2012
  • B.A., Political Science, Colgate University, 2009, cum laude


  • New York
  • U.S. District Court, Southern District of New York