Rebecca Danielle Winkelstein

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Rebecca Danielle Winkelstein: Attorney with Cooper Levenson, P.A.

Biography

Rebecca Winkelstein is Of Counsel to Cooper Levenson and a member of the firm’s Appellate and Education Law practice groups. She provides motion practice and appellate support across multiple practice areas and has substantial experience in both State and Federal courts, including the Third Circuit Court of Appeals and the Appellate Division of the Superior Court of New Jersey. She has appeared in bench and jury trials, arbitrations, and administrative hearings, including before the National Labor Relations Board and Office of Administrative Law, and has worked alongside federal and state agencies on compliance, investigations, and audits.

Rebecca began working with Cooper Levenson in 2010, assisting the firm’s education law clients with matters such as tenure and personnel issues, public bidding and contracts, student and public records claims, the First Amendment, special education, harassment, intimidation, and bullying, as well as policy development and related litigation. She relocated to New York in 2014 and practiced at a boutique litigation firm in North Jersey, representing private and public sector employers in counseling, policy development, and litigation involving discrimination and constitutional claims. She returned to Cooper Levenson in 2022.

Prior to joining the firm, Rebecca served as a child advocate attorney with the Defender Association of Philadelphia, acting as counsel and guardian ad litem for abused and neglected children in Philadelphia Dependency Court. She also clerked for New Jersey Supreme Court Associate Justice John E. Wallace, Jr. (ret.).

While in law school, Rebecca was Executive Editor of the Rutgers Law Journal, a Teaching Assistant for Legal Research and Writing/Moot Court, and received the 2007 Reed Smith Pro Bono Award for Clinical Excellence. She also interned for U.S. District Court Magistrate Judge Ann Marie Donio and externed in the Office of Counsel to the Governor of New Jersey.

Articles

On Sunlight and Disinfectant: How a Recent Decision on the Sunshine Law will Affect School Boards, School Leader Magazine (November/December 2011)

A Statute Prohibiting “Public Sex Shows” Violates the Free Expression Clause to the Oregon Constitution, 37 Rutgers L.J. 1545 (2006)

Areas of Practice (3)

  • Education Law
  • Employment / Labor
  • Corporate / Incorporation

Education & Credentials

University Attended:
University of Maryland, College Park, B.A., 2003
Law School Attended:
Rutgers University School of Law, Camden, J.D., 2007
Year of First Admission:
2007
Admission:
2007, New Jersey; 2008, Pennsylvania
Memberships:

Affiliations

Professional Associations
•Member - Essex County Bar Association
•Member - New Jersey Women Lawyers Association
•Member - Center for Reproductive Rights' Lawyers Network
•Advocate - National Council of Jewish Women.

Birth Information:
Margate, NJ, 1982
Reported Cases:
Notable Cases: Among Rebecca's notable cases, she successfully defended a non-party subpoena in state-wide Federal litigation challenging New Jersey's special education laws to ensure the students attending her clients' schools maintained their confidentiality. Rebecca was part of the litigation and trial team that secured a favorable jury verdict for her client in a retrial of claims brought under New Jersey's Law Against Discrimination, and successfully defended the ensuing appeal. She also obtained a favorable ruling from the Third Circuit that an arbitrator's inclusion of a second generation interest arbitration provision in a collective bargaining agreement violated the Federal Arbitration Act and National Labor Relations Act; was granted summary judgment in federal court on behalf a police department defending various claims brought under Section 1983 claim and Monell v. N.Y. Dep't of Soc. Servs., 436 U.S. 658 (1978); and successfully appealed a trial court's denial of qualified immunity to two local officers. Rebecca has also negotiated fair settlements on behalf of her clients, including a settlement in a federal court collection action under the Fair Labor Standards Act.
ISLN:
921455217

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