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 Department Steering Committee of a management-only national labor and employment firm, where he also served as one of only 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 was privileged to chair its Global Marketing Team.
Areas of Concentration
· Labor relations and related litigation
· Employment litigation, counseling
Professional & Community Involvement
· Former Member, LexisNexis Martindale-Hubbell Legal Advisory Board
- Former Chair, Labor and Employment Sub-Committee
Awards & Recognition
· 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
· Listed, Super Lawyers magazine, New Jersey Super Lawyers, 2005-2006
· Rated, AV Preeminent® 5.0 out of 5
· 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 of the Complaint in ERISA case 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 for Biomat in this race-based discrimination and retaliation suit.
· 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 dismissal of the complaint against Biomat in this race-based discrimination action.
· 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 a summary judgment in favor of Duff & Phelps in this national origin discrimination case.
· Monaco v. Quest Diagnostics, Inc., 2010 WL 3843622 (D.Kan. Sept. 24, 2010)°; obtained summary judgment for Quest Diagnostics on plaintiff's claims of disability discrimination.
· Ramirez v. Olympic Health Management Systems, Inc., 610 F.Supp.2d 1266 (E.D.Wash. 2009)°; obtained summary judgment dismissing plaintiff's claims of constructive discharge and retaliation.
· Bintliff-Ritchie v. American Reinsurance Co., 285 Fed.Appx. 940, 2008 WL 2699703 (3rd Cir. 2008)°; Third Circuit Court of Appeals affirmed summary judgment obtained for American Reinsurance 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 for Quest Diagnostics 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 obtained in favor of Pfizer in this matter involving sex, age, and disability discrimination, intentional infliction of emotional distress and tortious interference with employment relationship.
· New Jersey Carpenters Funds v. Kullman Industries, Inc., 2007 WL 3014660 (D.N.J. Oct. 12, 2007)°; obtained dismissal of the complaint in this matter involving alleged ERISA violations.
· Zheng v. Quest Diagnostics, Inc., 248 Fed.Appx. 416, 2007 WL 2745771 (3rd Cir. 2007)°; Third Circuit Court of Appeals affirmed summary judgment for Quest Diagnostics in this suit concerning defamation and false light invasion of privacy claims.
· Boyle v. Quest Diagnostics, Incorporated, 441 F.Supp.2d 665 671 (D.N.J. 2006)°; obtained dismissal of plaintiff's claims for breach of contract, alleging wrongful, actual or constructive termination, and breach of the implied covenant of good faith and fair dealing.
· Victor Zavala, et al. v. Wal-Mart Stores, Inc., 447 F. Supp.2d 379 (D.N.J. 2006)°; in class action, obtained dismissal of undocumented workers' RICO claims against Wal-Mart.
· Mattus v. Facility Solutions, Inc. and Wal-Mart Stores, Inc., 2005 WL 3132190 (D.N.J. Nov. 21, 2005)°; obtained dismissal of claims against Wal-Mart respecting the doctrine of 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 obtained in favor of Continental Airlines in this matter involving breach of contract claim under the Railway Labor Act.
· Brown v. Reed Elsevier Inc., 75 Fed.Appx. 869, 2003 WL 22120998 (3rd Cir. 2003)°; Third Circuit Court of Appeals affirmed summary judgment obtained in this matter involving claims for alleged disability discrimination, breach of contract, breach of covenant of good faith and fair dealing, wrongful discharge, and misrepresentation.
· Brower v. Continental Airlines, Inc., 62 F.Supp.2d 896 (E.D.N.Y., 1999)°; obtained summary judgment for Continental Airlines in this disability-based action for improper termination.
· Joyce v. RJR Nabisco Holdings Corp., 126 F.3d 166 (3rd Cir. 1997)°; Third Circuit Court of Appeals affirmed summary judgment obtained in this matter involving an employee's ERISA claims.
· Olson v. General Elec. Astrospace, 966 F.Supp. 312 (D.N.J. 1997)°
· 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 for Sterling Life Insurance 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 in favor of Vertis in this 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 favor of Martindale-Hubbell in this sexual harassment action. Appellate division reversed, leading to three week jury trial where, as lead trial counsel, company prevailed with a no cause jury decision.
· Mersmann v. Continental Airlines, Inc., 2006 WL 507842 (App.Div. Mar. 3, 2006)°; obtained summary judgment for Continental Airlines in this age and gender based employment discrimination matter.
° Certain of the above representations were handled by Mr. Bernstein prior to his joining Greenberg Traurig, LLP.
Publications & Presentations
Articles, Lectures & Publications
Rob lectures and writes extensively throughout the United States and overseas on a wide array of labor and employment law issues. Some examples are:
· Author, "After Nearly 25 Years, New Jersey Appellate Court Provides 'Sobering' Guidance to Employers Respecting Workplace Alcoholism," Association of Corporate Counsel, December 2012
· Contributing Author, "Religious Accommodations in the Workplace: What Employers and Lawyers Need to Know," Aspatore Thought Leadership: Employment Law, Aspatore Books, 2012
· Author, "New Jersey Appellate Division Finds Internal Complaints and Civil Lawsuits 'Whistle-Blowing Activity' Under CEPA," April 2012
· Author, "New Jersey is First State in the Nation to Adopt Law Prohibiting Job Ads Excluding Unemployed Applicants," April 2011
· Contributing Author, Inside the Minds: The Impact of Supreme Court Employment Cases, Aspatore Books, 11th edition
· Contributing Author, "On the Horizon: Employer Liability for Employee Social Media Communications and Conduct," Aspatore Thought Leadership: Employment Law, Aspatore Books, 2011
· Author, "Combating the Increase in FLSA Litigation: Using Mandatory Arbitration Agreements to Preclude Collective Actions," National Law Journal
· Author, "Supreme Court Issues Spector Opinion Affecting Reach of U.S. Labor and Employment Laws to Foreign Business Operations and Employees," The Metropolitan Corporate Counsel, July 2005
· Author, "Individual Liability Under 'Whistleblower' and Discriminatory Laws," The New Jersey Labor Letter, Volume I, No. 6, June 2000