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Justin Bernstein is an appellate attorney whose appeals have helped change the law and bring clarity to how businesses operate in Texas. Justin’s experience clerking for Chief Justice Hecht provides him with insight into the procedures and concerns of courts of appeal. His work extends beyond crafting briefs to every strategy important to a successful appeal, including advising trial counsel on creating the optimal record, coordinating amicus curiae from affected industries, and identifying the best time and method for requesting appellate review.

Capabilities

Experience

  • Ended double taxation resulting from a 46-year boundary dispute in three months by employing a never-before-used statute to file a suit directly in the Supreme Court of Texas.
  • Secured a settlement of more than $600,000,000 for a Fortune 100 company alleging securities fraud.
  • Dismissed an appeal with a standing challenge that had been overlooked for two decades in dozens of appellate decisions assuming standing in the same situation.
  • Reduced a $130,000,000 jury verdict to zero by arguing the dealership-purchase contract negated justifiable reliance on misrepresentations that contradict the contract.
  • Dismissed a wrongful-death claim based on forum non conveniens with novel arguments precluding the plaintiffs from avoiding dismissal by changing their residence after filing suit. 
  • Upheld no-evidence summary judgment against a healthcare provider by arguing the plaintiffs’ citations to hundreds of pages of testimony were insufficiently specific. This prevented vague, but emotionally resonant, arguments from reaching the jury.
  • Prevented burdensome litigation against a foreign client by arguing jurisdiction in Texas would offend traditional notions of fair play and substantial justice. This rarely successful argument prevailed despite the client’s role as a manager of a Texas LLC that owned Texas real property related to the dispute.
  • Coordinated a national amicus-brief campaign to shape precedent on whether federal preemption prevents state regulation of air ambulances.
  • Obtained voluntary dismissal with prejudice of a lawsuit regarding a widely used medication.
  • Navigated a client unscathed out of an SEC investigation.
  • Advised several artificial intelligence companies on how to navigate their new technologies through preexisting regulations and contract language.

Recognition & Leadership

  • Listed, The Best Lawyers in America, "Ones to Watch," Commercial Litigation, 2022
  • Listed, The Legal 500 United States
    • Dispute Resolution - Appellate: Courts of Appeal, 2021
    • Dispute Resolution - Appellate: Supreme Courts (States and Federal), 2021 

Credentials

Education
  • J.D., The University of Texas School of Law, 2012
    • Associate Editor, Texas Law Review
    • Member, Order of the Coif
  • M.A., Asian Studies, Harvard University, 2006
  • B.A., History, Duke University
Clerkships
  • Hon. Chief Justice Nathan Hecht, Supreme Court of Texas, 2012-2013
Admissions
  • Texas
  • New York
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Southern District of New York
Languages
  • Spanish, Conversational