Bernie is a member of the Reed Smith Trial Council, which includes the firm's most experienced attorneys who have tried jury cases to verdict in both State and Federal courts.
Bernie has been lead trial counsel, representing both Plaintiffs and Defendants, in a wide range of commercial disputes in the State and Federal Courts of California; as well as being specially admitted as trial counsel in a number of other States and in various foreign countries.
Bernie has successfully litigated cases for domestic and foreign individuals, large and small entities, partnerships, associations, a Native American sovereign nation, and other business ventures. Those litigated cases have involved the following type of business disputes: entertainment industry contracts and relationships; entertainment executive vs. business manager for professional negligence; board game developer against distributor for negligence and breach of fiduciary duty; securities fraud; defense of secured lenders and banking institutions against a variety of contract, fraud and tort claims; defense of serious personal injury claims; defense of sexual harassment claims by former business associate against wealthy business executive; breach of warranty; product liability; real estate disputes for sellers, buyers and tenants; prescriptive easements between neighbors in Bel Air and Beverly Hills; real estate disputes between landlords and commercial tenants; violation of landlord's statutory duties to tenants of luxury condominium; construction defect claims against contractor of hotel; construction defect claims against contractor of luxury residence; trademark infringement, patent infringement; breach of contract; breach of distribution agreement; termination of third party administration agreements in insurance industry; UCC-2 and UCC-9 issues; Anti-SLAPP motions; denial of insurance coverage; violation of rights of privacy; violation of constitutional rights; declaratory relief; liability of officers and directors of public corporations; foreign judgments; and other novel and serious business disagreements.
Representative clients in reported decisions include: Earle M. Jorgensen Co.; Clark Metals; Fort Hills Construction; Arden Group; Hersch and Company; Automobile Risk Management; Hawaii Disability and Life Insurance Guaranty Association; Naraghi Farms; Pacific Global Investment Company; Fidelity Bancorp; various business managers and their entertainment executive and talent clients; Prana Studios; Amersham; Mayfair Realty; various owners of Bel Air and Beverly Hills residences; Foothill Capital Corporation; U.S. Bancorp; Rodman Family Trust: McGaw Living Trust; Glenn A. and Cora M. Hoiby Trust; Transamerica Life Insurance Company; Agua Caliente Band of Cahuilla Indians; Billy Jack Enterprises; Bob Daly; Gelson's Markets; Town Center Health Club & Spa; Bernard Beiser; Warren Weiner; and many other clients.
Bernie handled and directed a series of domestic and foreign litigation for an international client, over a period of 10 years, which resulted in a recovery of over $150,000,000.00.
Bernie has taught Trial Advocacy and Advanced Trial Advocacy at three of the Hastings College of the Law Trial Advocacy Programs for litigation attorneys and a variety of CEB programs. He has also acted as a Judge Pro Tem for the Los Angeles County Superior Court.
Bernie has, for many years, acted as the trusted legal adviser to a number of clients on legal issues, business disputes, political/legal issues, financing and construction negotiations, and potential legal and political impacts of business decisions. Since 1998, Bernie has been special counsel to a California Tribal Council and to the Tribe's Gaming Commission; and also counsels the Tribe and its Gaming Commission on federal and state regulatory matters as well as the Indian Gaming Regulatory Act and the Tribe's Gaming Compact with the State of California. Bernie was the Tribe's lead negotiator of its 1999 Tribal-State Gaming Compact and its 2006 Amendment thereto, both of which were ratified by the State legislature and approved by the NIGC.
