Robert H. Bernstein

Robert H. Bernstein: Attorney with Greenberg Traurig, LLP

Biography

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.

Areas of Concentration

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

Awards & Recognition

•Listed, The Legal 500 United States
•Labor and Employment - Labor and Employment Litigation, 2015-2016
•Labor and Employment - ERISA Litigaiton, 2016
•Listed, Super Lawyers magazine, New Jersey Super Lawyers, 2014
•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 Distinguishedand Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Articles, Publications, & Lectures

Rob lectures and writes extensively throughout the United States and overseas on a wide array of labor and employment law issues. Some examples are:

•Presenter, Financial Service Industry Non-Competes in 2016 in Leading U.S. Jurisdictions, Webcast, Association of Corporate Counsel's Financial Services Committee, March 15, 2016
•Co-Author, EEOC Proposes Collecting Pay Data to Combat Pay Discrimination: What Employers Need to Know, and What They Should Do, New Jersey Law Journal, March 4, 2016
•Speaker, Year in Review of Major Employment and Labor Law Developments in 2015, New Jersey Law Journal In-House Counsel CLE Seminar, Florham Park, NJ, November 17, 2015
•Co-Author, NJ Supreme Court Reaffirms 'Faithless Servant' Doctrine, New Jersey Law Journal, November 4, 2015
•Contributor, Greenberg Traurig Publishes a 50-State and DC Survey with the ACC on Covenants Not to Compete , GT L&E Blog, October 22, 2015
•Speaker, Hot Topics in Labor Law, 2015 ACC Annual Meeting, Boston, MA, October 20, 2015
•Contributor, Fifty State Survey on Covenants Not to Compete, Greenberg Traurig & Association of Corporate Counsel InfoPAK, September 2015
•Co-Author, Does Regular Mail Make The Cut? - Third Circuit Creates Increased Liability For Employers When Mailing Routine Mandatory FMLA Notices , GT Alert, September 4, 2014
•Co-Author, New Jersey Enacts the 'Ban-the-Box' Law , GT Alert, August 15, 2014
•Speaker, Important Employment Case Law in 2013 - 2014, New Jersey Law Journal In-House Counsel CLE Seminar, Florham Park, NJ, June 17, 2014
•Speaker, Religious Discrimination Claims in the Workplace, New Jersey Law Journal presentation, March 2013
•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

Associated News & Events

Press Releases

06.16.16 100-Plus Greenberg Traurig Attorneys Recommended in The Legal 500 United States Guide to Outstanding Lawyers

06.08.15 100-Plus Greenberg Traurig Attorneys Recommended in The Legal 500 United States 2015 Guide to Outstanding Lawyers

01.09.13 Greenberg Traurig's Global Labor and Employment Practice Continues to Gain Momentum

09.14.12 Greenberg Traurig Gains Momentum in its Global Labor and Employment Practice

05.24.12 Greenberg Traurig Continues to Grow its Labor and Employment Practice in New Jersey with Addition of Shareholder Robert H. Bernstein

Published Articles

03.04.16 EEOC Proposes Collecting Pay Data to Combat 'Pay Discrimination'

Alerts

05.09.17 New York City to Prohibit Employer Inquiries into Salary History

02.14.17 Employer's Honest Belief Sufficient to Defeat FMLA Retaliation Claim

11.23.16 Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly 'Supplants' Duties Tests

12.07.15 Third Circuit Espouses Fact-Sensitive Inquiries in Considering Joint Employer Liability and Compensation for Meal Periods: What Employers Can Do to Brighten the Lines

04.17.15 Sixth Circuit Holds 'Regular and Predictable On-Site Job Attendance' To Be an Essential Job Function, Rejects Employee's Demand to Telecommute Four Days a Week

02.18.15 Ellerth/Faragher Officially Comes to New Jersey: State Supreme Court Recognizes Affirmative Defense to Hostile Environment Harassment Claims for Employers

09.04.14 Does Regular Mail Make The Cut? - Third Circuit Creates Increased Liability For Employers When Mailing Routine Mandatory FMLA Notices

08.15.14 New Jersey Enacts the 'Ban-the-Box' Law

04.04.14 Welcome to ESTA: New York City's 'Earned Sick Time Act' Comes into Effect, DCA Proposes New Rules

10.11.13 New York City Extends Human Rights Law to Pregnant Women with 'Pregnant Workers Fairness Act'

Areas of Practice (3)

  • Labor & Employment
  • ERISA Litigation
  • Trade Secret Litigation

Education & Credentials

Contact Information:
973.360.7946  Phone
973.301.8410  Fax
www.gtlaw.com/People/RobBernstein
University Attended:
Georgetown University, B.S.F.S., with honors, 1979
Law School Attended:
Georgetown University Law Center, J.D., 1982
Year of First admission:
1982
Admission:
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 Eastern District of Wisconsin; U.S. District Court for the District of New Jersey; 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 Northern District of Florida; U.S. District Court for the District of Kansas
Memberships:

Professional & Community Involvement

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

Reported Cases:
Significant Representations: Federal Court: 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.; Victor Zavala, et al. v. Wal-Mart Stores, Inc. , 447 F. Supp.2d 379 (D.N.J. 2006); in both class and collective 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 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.; State Court: 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.
ISLN:
909062765

Peer Reviews

  • 5.0/5.0
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

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