Marc E. Bernstein, Partner
Employment Law
Employment Law
Marc Bernstein heads the Firm’s employment law practice. He is a Chambers and Partners ranked employment litigator and counselor who has spent more than 35 years advising and litigating on behalf of employers and employees regarding a broad array of employment matters, including non-compete and trade secret disputes, wage and hour class actions, employment discrimination claims, retaliation and whistleblower suits, breach of contract and ERISA litigation, and executive compensation matters. He also regularly advises Boards of Directors, management and executives regarding a wide range of employment issues, conducts large-scale investigations, and drafts employment contracts and benefit plans. Before joining the firm, Marc chaired the New York employment law practice of Paul Hastings.
ACCOLADES/MEMBERSHIPS
- Chambers and Partners ranked as one of the top employment lawyers in New York
- Fellow of the College of Labor and Employment Lawyers
- Recognized in Best Lawyers in Employment and Litigation — Labor and Employment
- Ranked as one of the top labor and employment disputes attorneys by The Legal 500
- Included in New York’s Super Lawyers
- Former member of the Employment Law360 Editorial Advisory Board
- Former President of the Stephen Wise Free Synagogue
EDUCATION
Marc received his J.D with honors from Harvard Law School and his B.A summa cum laude from the State University of New York at Buffalo. Before beginning his practice, Marc was law clerk to the Honorable Jacob Mishler, United States District Court for the Eastern District of New York.
REPRESENTATIONS
- Krow v. PineBridge Investments Holdings U.S. LLC (S.D.N.Y. 2022) (granting summary judgment dismissing claims of disability discrimination and failure to accommodate disability)
- Berkley Insurance Company v. Lane (S.D.N.Y. 2021) (granting permanent injunction in favor of Berkley Insurance Company)
- Butts v. Transatlantic Insurance Company (N.Y. Sup. Ct. 2020) (granting summary judgment dismissing claims of age and disability discrimination and retaliation)
- Romano v. Transatlantic Reinsurance Company (N.Y. Sup. Ct. 2019) (granting motion to dismiss claim of breach of contract)
- Diaz v. Transatlantic Reinsurance Company (S.D.N.Y. 2016) (granting motion to dismiss Dodd-Frank whistleblower claim)
- Weber v. FUJIFILM Medical Systems U.S.A., Inc. (2d Cir. 2014) (jury trial and verdict rejecting national origin and age discrimination claims, and reversing tortious interference award)
- Arno v. New York Medical College (N.Y. Sup. Ct. 2015) (granting summary judgment dismissing defamation claims)
- Nicolas v. Intrepid Sea, Air & Space Museum (NLRB 2013) (dismissing claim alleging violation of the National Labor Relations Act)
- AIG v. Guterman (2d Cir. 2012) (granting summary judgment in favor of employer in ERISA litigation)
- Boart Longyear Ltd. V. Alliance Industries, Inc. (S.D.N.Y. 2012) (granting motion to dismiss claim for breach of no-hire agreement)
- Nicomedez v. AIG (S.D.N.Y. 2012) (granting summary judgment dismissing disability discrimination case)
- Galyon v. Chartis Global Investigations, Inc. (S.D. Tex. 2010) (defeating motion for conditional certification of nationwide FLSA collective action)
- Velto v. American International Group, Inc. (N.Y. Sup. Ct. 2011) (granting summary judgment dismissing age discrimination case)
- Brathwaite v. Intrepid Museum Foundation (N.Y. Sup. Ct. 2011) (granting motion to dismiss race discrimination case)