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David A. Kerschner

David A. Kerschner


New York
T: +1 212 836 8214
F: +1 212 836 8689

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Legal Services


  • New York University School of Law
    JD, 2012, Environmental Law Journal – Senior Staff Editor
  • Colgate University
    BA, cum laude, Political Science, 2009

Bar Admission(s)

  • New York, 2013
  • US District Court for the Southern District of New York, 2013

David Kerschner is an Associate in Kaye Scholer's Complex Commercial Litigation Department. He 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. David is also a contributor to Kaye Scholer's Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues and Kaye Scholer's Trademark, Copyright & False Advertising Newsletter.

In his Pro Bono Practice, David 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.

David 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.

Representative Matters

  • Defending brand name pharmaceutical manufacturer in 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.

  • Representing an aerospace company and its directors and officers in a securities class action, a shareholder derivative action and a parallel SEC investigation.

  • Counsel to Irving Oil, Canada's largest refinery, in a suit brought by the State of Vermont seeking statewide remediation of groundwater.

  • Counsel to Lutron Electronics Co., Inc. on product liability claims against the company's products. 

  • Currently representing Endo Pharmaceuticals Inc. and Auxilium Pharmaceuticals, Inc. in product liability litigation involving testosterone products.