Robert H. Bernstein

Robert H. Bernstein

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Rob Bernstein focuses his practice on labor and employment exclusively for management, with an emphasis in litigation and counseling. With over 30 years of experience, Rob has represented many multinational and domestic corporations in a wide range of industries. His practice extends to numerous jurisdictions across the United States, involving most workplace issues, including class and collective actions, employee benefits and trade secret litigation.

Prior to joining the firm, Rob chaired the National Labor and Employment Department Steering Committee of a management-side only, national labor and employment law firm, where he also served as one of five members of the Firm’s Executive Committee and was a member of its Board of Directors. Rob also was partner at a top-15 international law firm, where he headed its global employment practice.

Concentrations

  • Employment litigation and counseling
  • Labor relations and related litigation
  • ERISA and trade secret litigation
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Capabilities

Experience

  • Kraatz v. Munich Reinsurance America, Inc., et als., United States District Court, Northern Dist. of Texas.  March 9, 2016; Civil Action No. 15-2125; motion to dismiss granted in employment discrimination case under the Texas Commission on Human Rights Act.
  • Lees v. Munich Reinsurance America, Inc., United States District Court, D. New Jersey.  January 13, 2016 Slip Copy 2016 WL 164611 CIV. 14-2532 MAS; obtained summary judgment resulting in final and full dismissal in ERISA litigation respecting plaintiff’s claimed entitlement to pension credit and benefits.
  • Lees v. Munich Reinsurance America, Inc., United States District Court, D. New Jersey.  March 9, 2015 Not Reported in F. Supp.3d 2015 WL 1021299 CIV. 14-2532 MAS; obtained partial dismissal in ERISA litigation claiming entitlement to certain pension credit and benefits.
  • Morien v. Munich Reinsurance America, Inc., et als., United States District Court, D. Conn. October 2, 2013; obtained summary judgment in ERISA litigation.
  • Hunter v. Duff & Phelps Acquisitions, LLC, et als., United States District Court, Northern District of Texas.  August 5, 2010; Civil Action No. 09-0062-P; successfully obtained denial of plaintiff’s application for temporary restraints and defeated plaintiff’s application at trial for preliminary and permanent injunctive relief in non-competition and non-solicitation case.
  • Profumo v. Alliance for Community Health, LLC, 2013 WL 3984498 (E.D.Mo., August 1, 2013); obtained summary judgment dismissing various breach of contract claims.
  • Lees v. Munich Reinsurance America, Inc., United States District Court, D. New Jersey.  April 09, 2012 Slip Copy 2012 WL 1183694 CIV. 11-3764 AET; obtained dismissal in ERISA litigation claiming entitlement to certain pension credit and benefits.
  • Carter v. Biomat USA, United States District Court, E.D. Pennsylvania.  February 24, 2012 Slip Copy 2012 WL 606822 CIV.A. 10-4479; obtained summary judgment dismissing race discrimination and retaliation claims.
  • Cooper v. Biomat USA, United States District Court, E.D. Pennsylvania.  August 31, 2011 Not Reported in F.Supp.2d 2011 WL 3875613 CIV.A. 10-5356; obtained summary judgment dismissing race discrimination case.
  • Anthony v. Duff & Phelps Corp., United States Court of Appeals, Third Circuit. June 22, 2011 432 Fed.Appx. 140 2011 WL 2507813 10-3743; Third Circuit Court of Appeals affirmed summary judgment dismissing national origin discrimination case.
  • Monaco v. Quest Diagnostics, Inc., 2010 WL 3843622 (D.Kan. Sept. 24, 2010)°; obtained summary judgment dismissing disability discrimination case.
  • Ramirez v. Olympic Health Management Systems, Inc., 610 F.Supp.2d 1266 (E.D.Wash. 2009)°; obtained summary judgment dismissing constructive discharge and retaliation claims.
  • Bintliff-Ritchie v. American Reinsurance Co., 285 Fed.Appx. 940, 2008 WL 2699703 (3rd Cir. 2008)°; Third Circuit Court of Appeals affirmed summary judgment dismissing former employee’s claims of gender discrimination, unpaid wages and fraud.
  • Boyle v. Quest Diagnostics Incorporated, 2008 WL 2242443 (D.N.J. May 29, 2008)°; obtained summary judgment dismissing plaintiff’s breach of contract and CEPA claims.
  • Bray v. Pharmacia Corp./Pfizer, Inc., 231 Fed.Appx. 132 (3rd Cir. 2007)°; Third Circuit Court of Appeals affirmed summary judgment dismissing sex, age, and disability discrimination suit.
  • Zheng v. Quest Diagnostics, Inc., 248 Fed.Appx. 416, 2007 WL 2745771 (3rd Cir. 2007)°; Third Circuit Court of Appeals affirmed summary judgment dismissing defamation and false light invasion of privacy.
  • New Jersey Carpenters Funds v. Kullman Industries, Inc., 2007 WL 3014660 (D.N.J. Oct. 12, 2007)°; summary judgment awarded in ERISA suit.
  • In both class and collective action, obtained dismissal of undocumented workers’ RICO claims against a Fortune 50 Retailer .
  • Obtained dismissal in multi-plaintiff suit of various common law claims asseting promissory estoppel and tortious interference with business relationships.
  • Nachtsheim v. Continental Airlines, 111 Fed.Appx. 113, 2004 WL 2203978 (3rd Cir. 2004)°; Third Circuit Court of Appeals affirmed summary judgment dismissing age discrimination and various breach of contract claims.
  • Brown v. Reed Elsevier Inc., 75 Fed.Appx. 869, 2003 WL 22120998 (3rd Cir. 2003)°; Third Circuit Court of Appeals affirmed summary judgment dismissing claims for alleged disability discrimination, breach of contract, breach of the covenant of good faith and fair dealing and misrepresentation.
  • Joyce v. RJR Nabisco Holdings Corp., 126 F.3d 166 (3rd Cir. 1997)°; Third Circuit Court of Appeals affirmed summary judgment dismissing various ERISA claims.
  • Reilly v. Duff & Phelps, LLC, et al, State of Wisconsin, Circuit Court, Milwaukee County; May 20, 2015; Case No. 2015-cv-2360; successfully obtained temporary and preliminary injunctive relief against former executive, including award of all attorneys’ fees and costs.
  • Fattoross v. Trustees of Princeton University, Superior Court of NJ, Law Div, May 23, 2014, MER-L-1842-11; obtained summary judgment dismissing age and handicap discrimination claims.
  • Blakey v. Continental Airlines, Inc., 164 N.J. 38 (2000)°; in landmark case, New Jersey Supreme Court reversed Appellate Division’s judgment in favor of Continental Airlines, holding that employers could be held liable for coworker workplace harassment arising out of conduct on company's remote electronic bulletin boards.
  • Kuszmaul v. Sterling Life Ins. Co., Supreme Court of Montana.  July 20, 2012 365 Mont. 390 282 P.3d 665 DA 11-0500; Montana Supreme Court upheld summary judgment in this action arising under Montana's unique wrongful discharge statute.
  • Brunner v. Vertis, Inc., 2008 WL 4963509 (App. Div. Nov. 24, 2008)°; obtained summary judgment dismissing action concerning discrimination based on sexual orientation. Appellate division affirmed.
  • Cerderia v. Martindale-Hubbell, 402 N.J. Super 486 (App. Div. 2008)°; obtained summary judgment in sexual harassment action.  Appellate division reversed, leading to three week jury trial where, as lead trial counsel, company prevailed with a no cause verdict.
  • Mersmann v. Continental Airlines, Inc., 2006 WL 507842 (App.Div. Mar. 3, 2006)°; summary judgment affirmed dismissing age and sex discrimination case.

    °Certain of the above representations were handled by Mr. Bernstein prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, The Legal 500 United States
    • Labor and Employment - ERISA Litigation, 2016-2018
    • Labor and Employment - Labor and Employment Litigation, 2015-2017
  • Recipient, American Jewish Committee New Jersey Judge Learned Hand Award, 2017
  • Listed, Super Lawyers magazine, New Jersey Super Lawyers, 2005-Present
  • Team Member, a Law360 "Employment Practice Group of the Year," 2013
  • Team Member,  Lexology’s Client Choice Award USA & Canada, United States: New Jersey, 2013
  • Life Member of the National Registry of Who’s Who Among Executives and Professionals, Honors Edition, 2008-2009
  • Rated, AV Preeminent® 5.0 out of 5

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Former Member, LexisNexis Martindale-Hubbell Legal Advisory Board
    • Former Chair, Labor and Employment Sub-Committee

Credentials

Education
  • J.D., Georgetown University Law Center, 1982
  • B.S.F.S., with honors, Georgetown University, 1979
Admissions
  • New Jersey
  • Missouri
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the Western District of Missouri
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Wisconsin