Bernard Daskal is a founding partner of Lynch Daskal Emery LLP. He represents corporations, professional entities, and individuals in a broad range of complex business and products liability litigation. Bernard has served as lead counsel in a wide range of matters, includ·ing claims relating to commercial transactions, corporate disputes, partnership accounting, breach of contract, misappropriation, conversion, insurance coverage, professional liability, products liability, mass torts, and labor and employment law.
Sample representations include:
• Prevailing on appeal of denial of motion to dismiss a vigorously fought, high profile, multi-million dollar lawsuit arising out of the duplication of computer hard drive that was alleged to contain trade secrets and other proprietary information of a prominent hedge fund.
• Successfully resolving claims brought in federal court on behalf of former International Monetary Fund official against prominent European financial institutions in connection with a failed joint venture agreement.
• Successfully resolving claims brought on behalf of former creative director of famous fashion house for unpaid commissions against designer and his eponymous fashion house. The trial of this matter, which lasted three days before settling, was covered by the New York Post, Womens Wear Daily, and other media outlets.
• Successfully defending Mid-west patio enclosure manufacturer in a lawsuit filed in the U.S. District Court for the Southern District of New York for alleged underpayment of premiums on a retrospective premium insurance policy.
• Successfully defending AmLaw 100 Law Firm against claims for breach of fiduciary duty in multi-million dollar lawsuit.
• Successfully defending mid-west university in a lawsuit filed in the U.S. District Court for the Southern District of New York arising out of its alleged possession of stolen Nazi-era artwork.
• Obtaining dismissal of breach of contract claim filed in the U.S District Court for the Southern District of New York against international condom manufacturer.
• Successfully defending latex glove manufacturer in numerous products liability lawsuits filed in Supreme Court, New York County and the U.S. District Court for the Southern District of New York.
• Obtaining dismissal on motions for summary judgment of numerous asbestos bodily injury claims asserted against corporate successor of former pump manufacturer.
• Successfully prosecuting products liability claims in state courts in New York, New Jersey, and California on behalf of numerous of individuals who suffered kidney damage after using an over-the-counter laxative in a manner recommended for bowel cleansing prior to colonoscopy and other medical procedures.
• On motion for sanctions for failure to abide by court’s discovery orders, obtaining dismissal of breach of fiduciary duty and fraud claims in hotly contest lawsuit among mortgage lenders.
Bernard has a certificate in Mediation from the New Jersey Association of Professional Mediators, and was one of the chief architects of the Settlement Construct and Settlement Construct Protocol that resolved hundreds of Fleet Phospho-soda personal injury claims. He also served on the Claims Committee in In Re: Oral Sodium Phosphate Solution-Based Products Liability Multi-District Litigation (MDL 2066), pending in the U.S. District Court for the Northern District of Ohio.
Bernard received a J.D. in 1996 from Fordham Law School, where he was Editor-in-Chief of the Fordham Urban Law Journal. He has a B.A., magna cum laude, in English, from the University of Maryland Baltimore County. From 2005 through 2007, Bernard served as Editor-in-Chief of the NYLitigator, the official publication of the Commercial & Federal Litigation (C&FL) Section of the New York State Bar Association. Bernard is also a past secretary of the C&FL.
The quality of Bernard’s work as an attorney has been recognized by various lawyer ranking services. He has been a New York Metro-area SuperLawyers® selection in the field of Business Litigation every year since 2008, and he holds an “AV-Preeminent”® ranking from Martindale-Hubbell®, the highest ranking for professional excellence afforded by that prominent legal services company. Bernard is also a member of the Million Dollar Advocates Forum® and the Multi-Million Dollar Advocates Forum®.
Bernard is admitted to the Bars of New York and New Jersey.
Twin Sec., Inc. v. Advocate & Lichtenstein, LLP, 113 A.D.3d 565, 980 N.Y.S.2d 18 (1st Dep’t 2014)