Attorneys Profiles

Edward L. Birnbaum

Edward L. Birnbaum, a prolific author and frequent lecturer on litigation strategy, trial tactics and techniques, oversees the general litigation of the firm. He’s an active trial attorney having served as lead trial counsel in more than sixty (60) federal and state court trials.

He was Chairman of the New York State Bar Association Committee on the Supreme Court, Chairman of the New York State Bar Association Action Unit #6 and a Member of the House of Delegates to the New York State Bar Association and Committee on Judicial Campaign Conduct. He is a member of the Judiciary Committee of the New York County Lawyers Association interviewing prospective and sitting judges.  He has served as an arbitrator for the American Arbitration Association, the United States District Court of the Eastern District of New York and the Small Claims Division of the Civil Court of the City of New York. He has been an adjunct faculty member of New York University School of Continuing Education teaching a course on the Civil Practice Law and Rules. He is a fellow of the Roscoe Pound Institute and a fellow of the New York State Bar Foundation. He is a Research Fellow of the American Biographical Institute. Fellow of Litigation Counsel of America-Trial Lawyer Honor Society.

Rated “AV Preeminent” by Martindale–Hubbell. He is the subject of biography in Who’s Who in American Law; Who’s Who in America; Who’s Who in The World; Who’s Who in the East; Who’s Who of Contemporary Achievement for Outstanding Contributions to Society; Sterlings Who’s Who; International Who’s Who of Professionals; International Who’s Who; recognized by the Marquis Who's Who family for his 25 year milestone as a Marquis Who's Who listee; International Directory of Distinguished Leadership; International Leaders in Achievement, Men of Achievement; Community Leaders of America; Dictionary of International Biography; One Thousand Great Americans; One Thousand Great Intellectuals; International Biological Centre Legal Professional of the Year 2003; International Biographical Centre 21^st Century Award for Achievement; 2000 Outstanding Intellectuals of the 21^st Century – 2^nd Edition; Eminent People of Today; Great Minds of The 21^st Century; The Heritage Registry of Who’s Who for Executives and Professionals.

He has been chosen to represent the legal community in the 2011 edition of Who's Who Among Executives and Professionals.

Chosen by the American Registry to be named amongst “America’s Most Honored Professionals”. Only ten percent of all recognized American professionals have been honored with this award. It is the only cross-profession, cross-industry Honor based on a quantitative analysis of authenticated public recognitions.

Selected as a 2006, 2007, 2008, 2009, 2010, 2011 and 2012 New York Super Lawyer by blue ribbon panel of lawyers.

Selected by peers for inclusion in the 2010, 2011 and 2012 editions of Best Lawyers in America.

Listed as one of the New York area’s Best Lawyers by New York Magazine, December 21, 2009, December 20, 2010 and December 19, 2011.

Named one of the City’s top litigators in AVENUE magazine in 2010, 2011 and 2012.

His published works include:
"Annual Update on Precedents and Statutes for Personal Injury Litigators", N.Y. State Academy of Trial Lawyers, 10/13/06

Co-author of “New York Trial Notebook,” James Publishing, Inc., 2005

Co-author of Chapter “The Medical Chart as Evidence” in the Jones and Bartlett publication The Medical Record As A Forensic Resource edited by Campion Quinn, M.D., 2004

Accident Reconstruction and the Seat Belt Defense Litigating the complex Motor Vehicle Case, Co-Author, Practicing Law Institute, 1987

Outlining Medical Proof in an Opening Statement, Medicine and Medical Evidence in Personal Injury Cases, Practicing Law Institute, 1986

Discovery in Defense of Products Liability Trials, Discovery in Medical Malpractice, Products Liability and Personal Injury Case, Practicing Law Institute, 1986

Discovery in Products Liability Actions – A Defendant’s Perspective, Co-Author, New York State Trial Lawyers Association, 1985

Trial Practice Under New York Evidentiary Laws-Privileges, Co-Author, New York State Trial Lawyers Association, 1985

Unique Evidentiary Issues in Products Liability Trials, Complex Products Liability: Proving and Defending the Products Liability Case, New York State Bar Association, 1985

Hazardous Warnings: A New Perspective in Products Liability, Co-Author, New York State Trial Lawyers Association, 1984

Use of Experts in a Products Liability Lawsuit, Co-Author, Products Liability Litigation, 1983

Defendant’s use of Experts, Products Liability in the 1990’s, Co-Author, Litigation, Legislation and Practical Engineering, 1983

Defendant’s Trial Tactics, Products Liability, 1978

He has taught seminars as follows:
CLE Center of The Rossdale Group – Jury Selection

New York State Academy of Trial Lawyers – Product Liability Update

Lorman Education Lecture Series, “Discovery Skills for Legal Staff in New York”

National Academy of Continuing Legal Education, “Voir Dire: How to Win Friends and Influence Jurors”

N.Y. State Bar Association Lecture Products Liability – Kuhmo Tire

Practicing Law Institute Lecture, “First Annual Civil Litigation Institute: Structuring and Developing the Winning Case”

New York Bar Association Products Liability Litigation – Post Daubert: A “Nuts and Bolts” Analysis in a New Era

The Association of Trial Lawyers of the City of New York, “Junk Science in the Courtroom”

New York State Trial Lawyers – “Crashworthiness/Accident Reconstruction”

Practicing Law Institute Litigating the Complex Motor Vehicle Case – Accident Reconstruction and the Seatbelt Defense

Nassau Academy of Law – “Trial of a Slip and Fall Case”

American Bar Association “Products Liability in the 1980’s”

Federal Publications Products Liability

Representative Cases:
Estate of Robert Korn (Surrogate’s New York – Justice Troy J. Webber)

SVI v. Bilateral (Supreme New York - Justice Melvin L. Schwertzer)

Tamman v. Schinazi (Supreme New York - Justice Joan Madden)

Novick v. Godec (Supreme Kings – Justice Weston Patterson)

Tranchina v. Little Sisters (Supreme Kings - Justice Saitta)

Bevacqua v. HMS Host (U.S.D.C., S.D. - Judge Miriam Cedarbaum)

Lim v. Berkey (Supreme Court New York County – Justice Marilyn Shaffer)

Sullivan v. Ford Motor Co., Prod.Liab.Rep. (CCH) P 15,789 (S.D.N.Y.)

State Farm v. Grund, 243 A.D. 2d 557 (2^nd Dept.)

Pebble Cove Homeowners Assoc. v. Shore Atlantic Dev. Co., 191 A.D.2d 544 (2^nd. Dept.)

Demarco v. Bay Ridge Car World, 169 A.D.2d 808 (2^nd. Dept.)

Hawley Fuel Coalmart, Inc. v. Steag Handel GmbH, 796 F.2d 29 (2^nd. Cir.)

McCarthy v. Volkswagen of America, Inc., 55 N.Y. 2d 543

Quevedo v. N.Y., 56 NY 2d 150

Elkan v. Arredondo, 53 NY 2d 639

Caiazzo v. Volkswagenwerk A.G., 647 F.2d 241 (2^nd. Cir.)

He was born in Brooklyn, New York. He received a LL.B. from New York University School of Law in 1964; a Bachelor of Arts Degree from Queens College of the City of New York in 1961. He was admitted to practice in the State of New York in 1964. He was also admitted to practice in the U.S. District Court, Eastern District of New York in 1967; U.S. District Court, Southern District of New York in 1967; U.S. Court of Appeals, 2nd Circuit in 1970; U.S. Supreme Court in 1971; and the U.S. District, Western District of New York in 1983. He was the Chairperson of the Village of Saddle Rock Board of Appeals and President of the Saddle Rock Civic Association. He is a Director of the Kensington Woods Homeowners’ Association.