David M. Bernick

Prior to joining Kirkland, David’s representative matters have included:

• Juul Labs Inc. in litigation relating to its JUUL e-cigarette products, which provide adult smokers with an alternative to cigarettes
• JM Eagle, the world’s largest PVC pipe manufacturer, in federal qui tam litigation, replacing other counsel after an adverse verdict on liability. He recently tried the damages phase of the case to a litigation-changing result
• Dow Chemical in the defense of numerous class actions regarding an alleged price-fixing conspiracy among several global producers of polyurethane products
• The Dr. Raymond Sackler Family in connection with litigation relating to Purdue Pharma’s OxyContin product
• AbbVie Inc. as lead strategic counsel and trial counsel in a multidistrict litigation involving roughly 4,000 federal product liability lawsuits concerning AndroGel and other testosterone replacement therapies. In a period of less than 12 months, David tried all of the lead, bellwether heart attack cases, comprising 5 separate jury trials. After post-trial motions, only one final judgment was entered – a defense verdict – before the trial docket was stayed pending settlement developments
• IBM in connection with supplier issues
• The acquittal of W.R. Grace & Co. and three of its executives before a Montana jury in a landmark environmental prosecution brought by the federal government. The W.R. Grace case is believed to be the largest criminal environmental prosecution ever.
• Trial victories in a wide variety of matters on behalf of Dow Chemical Company, ABB Ltd., Brown & Williamson, Dow Corning, Babcock & Wilcox Company, National Lead Company of Ohio and other clients.
• Dow Chemical Company in connection with its acquisition of Rohm & Haas
• Apple in class action litigation concerning the iPod
• Philip Morris USA in a nationwide class action involving “light” cigarettes
• Abbott Laboratories in weight-loss drug litigation
• Imperial Tobacco of Canada in a multi-billion fraudulent conveyance case

David also has served as general counsel to Philip Morris International, where he handled a variety of complex commercial matters, including internal investigations regarding potential FCPA concerns, allegations of corporate misconduct, and regulatory compliance issues regarding consumer marketing practices, pricing and drug approval.