David M. Bernick, P.C. 
Professional Profile
For the last 25 years, David has tried unique, high-profile cases in state and federal courts across the country and in a wide variety of subject areas, including RICO, environmental crimes, fraudulent conveyance, products liability, and commercial class actions. He has been regularly recognized as one of the top trial lawyers in the country. Relatedly, he has represented domestic and foreign corporations in multijurisdictional litigation where he has worked with his clients to develop and implement overall resolution strategy, including cases involving securities fraud, consumer fraud, pharmaceutical liability, financial restructuring, and environmental contamination.
David has been featured in several articles that have appeared in The Wall Street Journal, The New York Times, Financial Times, Fortune Magazine, The American Lawyer and The National Law Journal.
The following are a few representative articles:
Toxic tough guy, Crain’s Chicago Business, May 25, 2009
Q&A with David Bernick, Lead Trial Counsel in W.R. Grace’s Acquittal in Montana Asbestos Case, The AmLaw Litigation Daily, May 11, 2009
Asbestos Prosecution Results in Acquittals, The New York Times, May 9, 2009
Judge Allow Asbestos Case to Continue, The New York Times, April 29, 2009
Lessons From the Dow-Rohm Battle, The New York Times, March 10, 2009
Criminal Trial Begins in Montana Asbestos Case, Seattle Post-Intelligencer, February 23, 2009
Ex-Grace Officials on Trial in Asbestos Poisoning, The New York Times, February 19, 2009
This Deal May Need Dissolving, The New York Times, February 9, 2009
Further Thoughts on the Dow-Rohm Case, The New York Times, January 28, 2009
Inside Job, Fortune, July 2008
Some Asbestos Grace, The Wall Street Journal, March 2008
Supremes Deadlock Over FDA Drug Approvals & State Suits, The Wall Street Journal Health Blog, March 2008
Grace Bets on Winning Asbestos Lawsuits, The Washington Post, January 2008
The Legal Trail in a Delta Drama, The New York Times, January 2008
Jobs Are Going, Chemicals Linger, BusinessWeek, January 2008
W.R. Grace's Future Rests With Bankruptcy Judges, The Wall Street Journal, January 2008
A Line in the Dust, Forbes, January 2008
The Money Lawyers, Joseph C. Goulden, St. Martin's Press, 2006
Ex-FDA Chief Hit On Tobacco Crusade, Fortune, September 2004
Welcome To The New Asbestos Scandal., Fortune, September 2004
Defending a United Detroit on Asbestos, The New York Times, 11/3/2002
The Deconstructionist, Illinois Super Lawyers, May 2005
Last Men Standing, The American Lawyer, February 2004
Rebuilding ABB, CFO Europe, April 2003
King of Torts, CNBC, 9/26/2003
Regulation by Lawsuit, Financial Times, 2/14/2003
Big Suits: Simon II, Smokers' Class Action, The American Lawyer, December 2002
Who's Who in Chicago Business: 2000, 2001, 2002, 2003 ,2004, 2005 and 2006 Editions, Crain's Chicago Business
A Surge in Asbestos Suits; Many by Healthy Plaintiffs, The New York Times, 4/10/2002
Litigation Department of the Year - Finalist: Concert Masters, The American Lawyer, 1/1/2002
Judge Dismisses Owens Corning Claim For Compensation From Tobacco Firms, The Wall Street Journal, 5/25/2001
Corporate Crisis: The Attorney's Role, The National Law Journal, 10/16/2000
Lessons Learned from the Tobacco Wars, Business Litigation - A Special Section of Corporate Legal Times, 7/1/1999
How to Get the Jury on Your Side, U.S. Business Litigation, 4/1/1996
Forty-five Under 45, The American Lawyer, 12/1/1995Representative Matters
Recent Victories (last 12 months)
- Acted as lead trial counsel for W. R. Grace in defending the criminal prosecution of Grace and former executives for environmental crimes allegedly arising in connection with a former mining operation in Montana. Grace was acquitted on all charges.
- Represented Dow Chemical in M&A litigation relating to the proposed $15 billion merger of Rohm and Haas into Dow. Settlement on the eve of trial reduced the cash portion of the merger consideration by $3 billion.
- Represented Dow Chemical in litigation brought against two top executives concerning their covert LBO negotiations. Case resolved through defendants’ acknowledgment of unauthorized conduct and through confidential financial terms.
Asbestos Financial Restructuring and Litigation
- Developed a Chapter 11 strategy for companies with asbestos liabilities, whereby Chapter 11 is used as a vehicle for first litigating (and ultimately resolving) asbestos liabilities. Major clients have included W.R. Grace, Babcock & Wilcox, Armstrong World Industries, ABB, CraneCo, General Motors and DaimlerChrysler.
Fraudulent Conveyance/Alter Ego Litigation
- Successfully defended Babcock & Wilcox at trial (2003). Now representing Imperial Tobacco of Canada in litigation relating to Flintkote Corporation.
Corporate Management Litigation
- Litigation arising out of covert takeover discussions involving a director and a top executive of the target company.
Hearing Loss Litigation
- Representing Apple in class actions relating to iPod.
Pharmaceutical Litigation
- National counsel for Abbott Laboratories in MDL concerning a weight loss drug. Successfully pursued a removal, consolidation, discovery and motion practice strategy resulting in dismissal of all MDL cases (including most state cases) (2006).
Tobacco Cost Recovery and Class Action Lawsuits
- Has represented (in different cases) Brown & Williamson, American Tobacco, Philip Morris, Imperial Tobacco and British American Tobacco in aggregated litigation brought by the DOJ, several states, unions, asbestos companies and insurance plans against the tobacco industry. Trials include State of Minnesota (1998), Ohio class action by union health and welfare funds (1999), Manville Asbestos Trust (2000), DOJ RICO suit (2004-2005).
Breast Implant Tort, Insurance Coverage and Bankruptcy Litigation
- National trial counsel for Dow Corning in individual cases and class actions, brought in state and federal court, alleging various injuries arising out of the use of silicone gel-filled implants. Also successfully represented Dow Corning in a lawsuit recovering almost $2 billion from insurance carriers seeking to avoid coverage on policies they wrote. Acted as special litigation counsel and principal negotiator for Dow Corning in first litigating Dow Corning's liability in Chapter 11 and then resolving the case.
Weapons Complex Litigation
- Represented various companies that have been sued in class actions alleging injuries arising from the operation of nuclear weapons plants. The companies included DuPont, General Electric, ARCo, Rockwell, Dow Chemical and NL Industries.
Sarabond Litigation
- Represented Dow Chemical Company in nationwide litigation arising from allegedly defective mortar additives. Following a series of adverse punitive damage verdicts, he represented Dow in the MDL trial, which resulted in a defense verdict and facilitated settlement of the remaining cases.
Memberships & Affiliations
Civic Committee, The Commercial Club of Chicago (current)
Judicial Conference Standing Committee on the Rules of Practice and Procedure (1999-2005)
Visiting Committees for the College and the Law School at the University of Chicago (past)Other Distinctions
Recognized by Chambers & Partners with an Award for Excellence at the Chambers USA Awards Dinner in 2007 for Products Liability
Recognized by peers as one of the Best Lawyers in America for Business Litigation, "Best Lawyers in America," Woodward & White
Recognized as a Leading Individual by clients and peers, "PLC Which Lawyer? Global 50 Portrait," Practical Law Company, 2008
Recognized as a Leading Individual Trial Lawyer by clients and peers, "World's Leading Lawyers for Business," Chambers Global, 2007
Recognized as a "Star" performer by clients and peers, "America's Leading Lawyers for Business - General Commercial Litigation and Products Liability," Chambers USA
Selected as a Leading Lawyer by clients and peers, "Euromoney Expert Guides - Guide to the Leading Litigation Lawyers," Legal Media Group
Selected as a Super Lawyer by peers, "Illinois Super Lawyers," Law & Politics World's Media
Identified by editors as a leader in Chicago business, "Who's Who in Chicago Business," Crain's Chicago Business
Seminars
Frequent speaker on topics such as mass tort litigation, highly complex trials and international and social issues surrounding litigation before various state and federal bar associations and others.Courts
Numerous Federal Courts of Appeals and District Courts
