Top trial lawyers in New York City
Looking for the best trial lawyers in New York? Start here. We’ve curated a list of top trial lawyers in New York based on four key criteria. Each lawyer:
- Is recognized by reputable rating services.
- Specializes exclusively in litigation.
- Has over 10 years of dedicated experience in trial work and litigation.
- Holds a leadership positions in their firm.
To help you make an informed choice, we filmed exclusive interviews with each of these top lawyers. In these interviews, we dive deep into their practices, exploring their expertise in various areas of personal injury law. We also asked them the types of questions you’d likely have if you were considering them to handle your case. Watch these videos and learn about the lawyers and learn about litigation and trials in New York City and New York State.
Important or Memorable Cases Attorney in New York, New York
David Berg - Berg & Androphy
Trademark and Trade Dress Infringement
Houston, TX commercial litigation attorney David Berg tells the story of winning a verdict for trademark and trade dress infringement for Dan Aykroyd. He tells that Dan Aykroyd and his close friend John Alexander, an artist, had a legal battle against Ka Tequila. Dan, of course, is the famous comedian. He and John had entered the liquor business, and John came up with the idea of selling tequila in a skull-shaped bottle. Dan couldn’t use tequila because he held the Canadian license with Patrón, so they filled the bottles with vodka instead. This became Crystal Head Vodka, which eventually developed a huge following.
Two years after launching—with enormous effort, money, and fanfare—they were selling their vodka widely when Ka Tequila entered the market. Ka Tequila, owned by a woman named Kim Brandi, sold tequila in a skull-shaped bottle that, if tilted just right, was nearly identical to the Crystal Head design. She had painted it differently, but the structural similarities were undeniable.
Oddly, no alcoholic beverage had ever been sold in a skull-shaped bottle before. Dan and John had the trademark and the rights. Brandi clearly infringed.
The case was tried initially by another law firm, which lost. To their credit, that decision was reversed on appeal. Dan and John then came to him, asking him to take the case, which he did.
A critical part of the story unfolded during the second trial. In the first trial, Brandi had told a sympathetic story, claiming she had created the bottle independently, distracted by the death of her daughter. Her narrative was so moving that jurors reportedly cried, and Dan’s wife told him, “We’ve lost.”
During cross-examination in the second trial, he asked, “Ms. Brandi, you’ve told us your bottles look similar and that your daughter died. I need to know the date of your daughter’s death for our timeline.” She responded, “Mr. Burg, you don’t understand.” He replied, “Yes, I do. Your daughter’s not dead.”
The courtroom went silent. The jury’s heads snapped back, as did some of his colleagues, who he hadn’t briefed in advance.
This episode became a chapter in the second edition of his book, The Trial Lawyer, titled “Not Even Death Is Certain,” highlighting that lawyers must always remain skeptical. The case concluded with a finding of willful infringement, legal fees awarded, and an injunction that effectively shut her down worldwide.
Watch This Lawyer's Entire Interview
Dan Aykroyd and my dearest friend John Alexander, who’s an artist—Dan, of course, is the famous comedian—had a case against Ka Tequila.
Dan and John went into the liquor business, and John had an idea of selling tequila in a skull-shaped bottle. Dan couldn’t do that because he has the tequila license for Canada with Patrón. So, they put vodka in it, and it became Crystal Head Vodka, which now has a very large following.
Somewhere along the way, two years after Dan and John came to market—and it took a lot of money, time, and effort—they launched with a very big, no pun intended, splash and started selling wildly. Then Ka Tequila came along.
Ka Tequila was a company owned by a woman named Kim Brandi. Kim sold her tequila in a skull-shaped bottle, and if you tilted the bottles just right, on the surface, they were identical. Now, she had painted it up to make it look different, but the similarities were too great in the structure of the bottle.
Oddly enough, there had never been an alcoholic beverage sold in a skull-shaped bottle. You’d think there would be, but there hadn’t been. So, Dan and John had the trademark, they had the rights, and she had clearly infringed.
It was tried initially, and I won’t even tell you the name of the law firm that tried it, but they lost. To their credit, they reversed it on appeal. Dan and John came to me and asked me to try the case, which I did.
An important part of this case, which you can find on Above the Law if you Google “booze and Dan Aykroyd,” recounts the story of Kim Brandi. During the first trial, she told a very sympathetic story, claiming she had no opportunity to copy their bottle. She said she had done it at the last minute, got her bottle done before theirs came to market, and could not have been copying because she was distracted by the loss of her daughter.
Dan Aykroyd’s wife told him at the time, “We’ve lost.” It was such a sympathetic story that jurors were crying.
We did some background research. In the second trial, during cross-examination, I asked her, “Ms. Brandi, you’ve told us in this case that your bottles look similar and that you lost your daughter. I don’t mean to be insensitive, but I need to know the date of your daughter’s death for our timeline.”
She responded, “Mr. Burg, you don’t understand.”
I replied, “Yes, I do. Your daughter’s not dead.”
In fact, she had been lying about it. The jury’s heads snapped back, as did some of my colleagues, whom I hadn’t told about this in advance.
This led to a chapter in the second edition of my book, The Trial Lawyer, entitled “Not Even Death Is Certain.” Lawyers have to be skeptics.
We got a willful infringement finding, legal fees, and actually shut her down worldwide with that injunction.
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