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Marc E. Bernstein

Partner, Employment Law Department

marcbernstein@paulhastings.com

New York

Phone: 1(212) 318-6907
Fax: 1(212) 230-5127

Overview

Marc Bernstein is the chair of the New York Employment Law Department at Paul Hastings. Mr. Bernstein has a broad-based employment litigation practice, with a focus on litigation of trade secrets, covenants not to compete, unfair competition and related business tort claims.

Mr. Bernstein litigates a wide range of employment matters, including wage and hour class actions, employment discrimination, wrongful discharge, breach of contract and ERISA litigation. Mr. Bernstein also has extensive experience counseling multinational financial services corporations. His experience includes over 14 years as Associate General Counsel at American International Group, Inc., where he headed the company’s Labor and Employment legal group and was the senior employment lawyer advising management regarding employment issues.

Recognitions

  • Recognized as one of the top labor and employment disputes attorneys by The Legal 500
  • Recognized as one of the top employment defense lawyers in New York by Chambers USA
  • Fellow of the College of Labor and Employment Lawyers
  • Member of the Employment Law360 Editorial Advisory Board
  • Included in New York's Super Lawyers

Education

  • Harvard Law School, J.D. (cum laude), 1989
  • State University of New York at Buffalo, B.A. (summa cum laude), 1986

Representations

  • Krow v. PineBridge Investments Holdings U.S. LLC (S.D.N.Y. 2022) (granting summary judgment dismissing claims of disability discrimination and failure to accommodate disability)
  • Berkley Insurance Company v. Lane (S.D.N.Y. 2021) (granting permanent injunction in favor of Berkley Insurance Company)
  • Butts v. Transatlantic Insurance Company (N.Y. Sup. Ct. 2020) (granting summary judgment dismissing claims of age and disability discrimination and retaliation)
  • Romano v. Transatlantic Reinsurance Company (N.Y. Sup. Ct. 2019) (granting motion to dismiss claim of breach of contract)
  • Diaz v. Transatlantic Reinsurance Company (S.D.N.Y. 2016) (granting motion to dismiss Dodd-Frank whistleblower claim)
  • Weber v. FUJIFILM Medical Systems U.S.A., Inc. (2d Cir. 2014) (jury trial and verdict rejecting national origin and age discrimination claims, and reversing tortious interference award)
  • Arno v. New York Medical College (N.Y. Sup. Ct. 2015) (granting summary judgment dismissing defamation claims)
  • Nicolas v. Intrepid Sea, Air & Space Museum (NLRB 2013) (dismissing claim alleging violation of the National Labor Relations Act)
  • AIG v. Guterman (2d Cir. 2012) (affirming summary judgment in favor of employer in ERISA litigation)
  • Boart Longyear Ltd. V. Alliance Industries, Inc. (S.D.N.Y. 2012) (granting motion to dismiss claim for breach of no-hire agreement)
  • Nicomedez v. AIG (S.D.N.Y. 2012) (granting summary judgment dismissing disability discrimination case)
  • Galyon v. Chartis Global Investigations, Inc. (S.D. Tex. 2010) (defeating motion for conditional certification of nationwide FLSA collective action)
  • Velto v. American International Group, Inc. (N.Y. Sup. Ct. 2011) (granting summary judgment dismissing age discrimination case)
  • Brathwaite v. Intrepid Museum Foundation (N.Y. Sup. Ct. 2011) (granting motion to dismiss race discrimination case)

news

    Recognitions

    insights

    Engagement & Publications

    • “Alcoholism at Work Poses Legal Minefield for Employers,” Employment Law Authority (November 28, 2022)
    • “Four Discrimination Cases The High Court Could Take Up,” Employment Law Authority (September 29, 2022)
    • “Pro-Putin Workers May Pose Conundrum for Employers,” Employment Law Authority (March 9, 2022)
    • “NFL Race Bias Suit Shows A Good Playbook Isn’t Enough,” Employment Authority (February 3, 2022)
    • “Complying with the Heightened Waiver Requirements Under the Older Workers Benefit Protection Act,” LexisNexis Labor and Employment Practice Advisor
    • “Cuomo Sexual Misconduct Report A Road Map For Lawsuits,” Employment Law360 (August 3, 2021)
    • “Gov’t Vaccine Mandates Pave Way For Private Sector Policies,” Employment Law360 (July 27, 2021)
    • “Preparing a Census Under OWBPA,” LexisNexis Labor and Employment Practice Advisor
    • “7th Circ. Church Harassment Ruling Leaves Law Murky,” Employment Law360 (July 15, 2021)
    • “Understanding, Drafting, and Negotiating Separation Agreements,” LexisNexis Labor and Employment Practice Advisor
    • “Understanding, Drafting, and Negotiating Employment Agreements,” LexisNexis Labor and Employment Practice Advisor
    • “Cuomo Harassment Scandal Offers Lessons For Employers,” Employment Authority (March 1, 2021)
    • “Landmark LGBTQ Decision Tops 2020’s Biggest Bias Rulings,” Employment Law360 (December 12, 2020)
    • “What Employers Should Know About New NY Sick Leave Law,” Employment Law360 (September 29, 2020)
    • “4 Discrimination Cases To Watch As Justices Get Back in Gear,” Employment Law360 (September 8, 2020)
    • “5 Key Questions After DOL Virus Relief Rule Gets Scaled Back,” Employment Law360 (August 5, 2020)
    • “Bloomberg’s NDA Shift Sets Stage For Future Policy Fights,” Employment Law360 (February 24, 2020)
    • “State Of The States: What Employers Should Look For in 2020,” Employment Law360 (January 1, 2020)
    • “EEOC Jumps On Joint Employer Regulation Bandwagon,” Employment Law360 (November 20, 2019)
    • “GC Cheat Sheet: The Hottest Corporate News of the Week,” Employment Law360 (August 5, 2019, November 2, 2018, July 27, 2018, and May 4, 2018)
    • “State Of The States: New Employment Laws So Far in 2019,” Employment Law360, (March 29, 2019)
    • “State Pot Expansions Shift Spotlight To Workplace Drug Bans,” Employment Law360 (November 21, 2018)
    • “Dems Stake Out Their Turf With Bill Targeting Epic Systems,” Employment Law360 (October 31, 2018)
    • “Zero Tolerance In #MeToo Era May Be Perilous For Employers,” Employment Law360 (July 20, 2018)
    • “High Court To Mull Class Arbitration In Data Breach Suit,” Employment Law360 (May 2, 2018)
    • “3 Non-Employment High Court Cases For Employers To Watch,” Employment Law360 (April 27, 2018)
    • “7 Tips For Conducting Year-End Job Performance Evaluations,” Employment Law 360 (November 22, 2017)
    • “4 Ways GC’s Can Plan For When Employees Say Bad Things,” Employment Law360 (October 10, 2017)
    • “7 Employment Cases To Watch At The Supreme Court,” Employment Law360 (September 22, 2017)
    • “5 New Non-Compete Developments Attys Should Know About,” Employment Law360 (August 11, 2017)
    • “4 Questions Raised By Trump’s Paid Family Leave Proposal,” Employment Law360 (May 23, 2017)
    • “3 Employer Takeaways From The High Court’s FAA Ruling,” Employment Law360 (May 15, 2017)
    • “Justices EEOC Subpoena Ruling Ups Ante At Trial Court,” Employment Law360 (April 3, 2017)
    • “Trump Paid Leave Push Might Fizzle in GOP Congress,” Employment Law360 (March 3, 2017)
    • “Drafting Separation Agreements For Employers: A Quick Guide,” Employment Law360 (April 12, 2016)
    • "EEOC’s 2nd Circ. Win Won’t Stop Attacks On Pre-Suit Probes,” Employment Law 360 (September 10, 2015)
    • “Contractually Shortened Statutes of Limitations for Employee Claims,” Thomson Reuters
    • “DOL Win In Home Care Case Shows Agency’s Wide Latitude,” Employment Law360 (August, 21, 2015)
    • “2nd Circ.’s Fox, Hearst Rulings Won’t Kill Intern Wage Suits,” Employment Law360 (July 2, 2015)
    • “BMW Deal With EEOC Shows Perils Of Broad Criminal Screens,” Employment Law360 (September 9, 2015)
    • “Wage Suits Hit Record High Amid Focus On Worker Rights,” Employment Law360 (November 25, 2015)
    • “Overtime Pay Liability,” Employment Law Client Briefing (June 12, 2014)
    • “Contractually Shortened Statutes of Limitations for Employee Claims,” Thomson Reuters (2014)
    • “Understanding, Drafting, and Negotiating Separation Agreements,” LexisNexis Labor and Employment Practice Advisor (2014) 
    • “Preparing a Census Under OWBPA,” LexisNexis Labor and Employment Practice Advisor (2014)
    • “Complying with the Heightened Waiver Requirements Under the Older Workers Benefit Protection Act,” LexisNexis Labor and Employment Practice Advisor (2014)
    • “Understanding, Drafting, and Negotiating Employment Agreements,” LexisNexis Labor and Employment Practice Advisor (2014)
    • “Wage and Hour Threats,” 26th Annual General Counsel Conference (June 4, 2014)
    • "Employers Who 'Ban The Box' Could Avoid Patchwork of Laws," Employment Law360 (June 10, 2015)
    • "High Court Closes Defense Loophole in Religious Bias Suit," Employment Law360 (June 1, 2015)
    • "Why Retailers Are Sweating The DOL's Upcoming OT Changes," Employment Law360 (April 10, 2015) 
    • “High Court UPS Ruling Means Changes to EEOC Guidance,” Employment Law360 (March 25, 2015)
    • “2nd Circ. Won’t Use Workers’ Wage Case To Gut Class Actions,” Employment Law360 (February 10, 2015)
    • “Assault Suit Hurt Faruqi Even Before Verdict,” Employment Law360 (February 5, 2015)
    • “Obama’s Sick Leave Push Faces Uphill Battle In Congress,” Employment Law360 (January 15, 2015)
    • “Labor And Employment Cases To Watch In 2015,” Employment Law360 (January 2, 2015)
    • “High Court May Trump EEOC In UPS Pregnancy Bias Case,” Employment Law360 (November 26, 2014)
    • “Post-firing Evidence Can Be A Potent Limit On Bias Damages,” Employment Law360 (October 21, 2014)
    • “Employers’ EEOC Survival Guide,” Employment Law360 (October 21, 2014)
    • “3rd Circuit Ruling On FMLA Mailings Ups Ante For Employers,” Employment Law360 (August 8, 2014)
    • “7 Tips For Preparing Your Star Witness,” Employment Law360 (July 31, 2014)
    • “Amazon Workers’ High Court Case Could Reshape FLSA,” Employment Law360 (March 3, 2014)
    • “Obama To Direct FLSA Overtime Expansion To Promote Administration’s Wage Agenda,” BNA Daily Labor Report (March 12, 2014)
    • “7 Tips To Keep Office Romance From Causing Legal Heartache,” Employment Law360 (February 7, 2014)
    • “Judges Split May Help EEOC Press Abercrombie Hijab Case,” Employment Law360 (February 27, 2014)
    • “NYC Law Shows Paid Sick Leave Push Picking Up Steam,” Employment Law360 (March 20, 2014)
    • “Employer Class Waivers On Surer Footing After 11th Circ. Win,” Employment Law360 (March 24, 2014)
    • “Calif. High Court To Mull Fate Of Employment Class Actions,” Employment Law 360 (April 2, 2014)
    • “5 Tips For Delivering An Effective Direct-Examination,” Employment Law360 (April 28, 2014)
    • “5 Tips To Prevent Employee Internet Abuse,” Employment Law360 (June 2, 2014)
    • “White House To Issue Executive Order Banning LGBT Bias By Government Contractors,” BNA Daily Labor Report (June 16, 2014)
    • “6th Circ. Hands Employers A Victory On Class Arbitration,” Employment Law360 (November 6, 2013)
    • “Affordable Care Act: Top 10 Issues For Employers,” Employment Law Client Briefing (October 17, 2013)
    • “Flaws of the 2-Step FLSA Certification Process,” Employment Law360 (October 18, 2012)
    • “Fate Of Wage Class Actions In Balance At 2nd Circ.,” Employment Law360 (August 19, 2013)
    • “2nd Circ. Ruling Gives Employer Class Waivers A Boost,” Employment Law360 (August 9, 2013)
    • “High Court Isn’t Keen On Class Actions, Latest Term,” Employment Law360 (June 21, 2013)
    • “AmEx Ruling Looms Large For Wage-And-Hour Litigation,” Employment Law360 (June 20, 2013)
    • “High Court Ruling Pushes Cos. To Tighten Arbitration Deals,” Employment Law360 (June 10, 2013)
    • “Flaws of the 2-Step FLSA Certification Process,” Employment Law360 (October 18, 2012)
    • “A New Headache For Employers: Whistleblower Claims Under the Affordable Care Act,” Client Alert (March 2013)
    • "Separation and Release Agreements: Material Drafting Points and Risks,” Professional Education Broadcast Network/WebCredenza, Inc. (July 19, 2012)
    • “Crafting Employment Agreements and Compensation Packages in the New Reality,” Financial Services Employment Law Roundtable (April 19, 2012)
    • “Employment Agreements,” Professional Education Broadcast Network/WebCredenza, Inc. (March 20, 2012)
    • “Key Issues in Wage and Hour Law from Coast to Coast,” Wage and Hour Forum (April 5, 2011)
    • “Marc E. Bernstein Weighs in on Employee Waivers and Releases, Ratification, and the 'Tender Back' Rule," BNA Daily Labor Report (November 5, 2012)
    • “EEOC Releases Final Regulations Significantly Expanding Coverage under the Americans with Disabilities Act,” Client Alert (March 28, 2011)
    • “The New Landscape for Arbitration and Class Action Waivers,” Employment Law Roundtable (December 6, 2011)
    • “EEOC Releases Final Regulations Significantly Expanding Coverage under the Americans with Disabilities Act,” Client Alert (March 28, 2011)
    • “Navigating Through Timekeeping Policies and Off-the-Clock Litigation,” Wage and Hour Forum (June 22, 2010)

    Involvement

    • Member of the State Bar of New York and the American Bar Association
    • President of the Stephen Wise Free Synagogue
    • Served as a law clerk to the Honorable Jacob Mishler, United States District Court for the Eastern District of New York

    Practice Areas

    Employee Mobility and Trade Secrets

    Litigation

    Employment Litigation

    Workplace Retaliation and Whistleblower Defense

    Trade Secrets

    Executive Compensation, Employee Benefits, and ERISA

    Employment Counseling and Preventive Advice

    Employment Law

    Insurance and Reinsurance


    Languages

    English


    Admissions

    New York Bar


    Education

    Harvard Law School, J.D. 1989

    State University of New York at Buffalo, B.A. 1986