Marc E Bernstein

Partner, Employment Law Department

New York

T 1(212) 318-6907

F 1(212) 230-5127

Marc Bernstein is the chair of the New York Employment Law Department. 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.

Recent Representations

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)

Accolades and 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

Speaking Engagements and Publications

“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

Professional and Community 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

Education

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

Rankings & Awards

Recognized by Chambers USA 2020
Chambers USA 2020: America’s Leading Lawyers for Business listed the firm in 37 research areas and named 104 firm lawyers to its rankings of leading lawyers and law firms in the United States.
May 01, 2020

Ranked by Chambers USA 2019
Chambers USA 2019: America’s Leading Lawyers for Business listed the firm in 44 practice areas and named 107 firm lawyers to its rankings of leading lawyers and law firms in the United States.
April 26, 2019

Recognized as Acritas Stars by Sharplegal
Sharplegal recognized 14 Paul Hastings lawyers as Acritas Stars, an international database of high performing lawyers recommended by clients. Acritas Stars were selected based on more than 4,300 interviews with general counsel and other senior leaders at legal departments around the world. The following Paul Hastings lawyers were recognized:
Simon Airey – Litigation – London
Marc Bernstein – Employment – New York
William DeGrandis – Litigation – Washington, D.C.
Scott Flicker – Litigation – Washington, D.C.
Daniel Kim – Corporate – Seoul
Jong Han Kim – Corporate – Seoul
Raymond Li – Corporate – Hong Kong
May Lun – Corporate – Hong Kong
Bradford Newman – Employment – Palo Alto
Lorenzo Parola – Corporate – Milan
Dan Stellenberg – Employment – Palo Alto
Charles Thornton – Real Estate – San Francisco
Jeffrey Wolf – Corporate – San Francisco
James Zapp – Employment – Los Angeles
August 23, 2018

Recognized by Chambers USA 2018
Chambers USA 2018: America’s Leading Lawyers for Business listed the firm in 45 research areas and named 112 firm lawyers to its rankings of leading lawyers and law firms in the United States.
May 15, 2018

Recognized by Chambers USA 2017
Chambers USA 2017: America’s Leading Lawyers for Business named 46 of the firm’s practice areas and 112 individuals to its ranking of leading lawyers and law firms in the United States.
June 05, 2017

The College of Labor and Employment Lawyers

Marc Bernstein and Kenneth Willner were elected as Fellows of the College of Labor and Employment Lawyers. They join 18 Paul Hastings partners in the Employment Law department who have received this honor, giving the firm the highest representation of any employment law department in the College.

The College was founded in 1995 to recognize outstanding practitioners in the field of labor and employment law. The rigorous nomination and selection process is conducted by panels of distinguished members of the labor and employment bar on the plaintiff, management, and union side.

June 26, 2015

Law360 Awards - Top Practice Groups of the Year
Paul Hastings' Employment Law practice was recognized as one of Law360s "Top Practice Groups of The Year."
January 02, 2013

Professionals

Marc E Bernstein

Practice Areas

Admissions

Education

Recent Representations

Accolades and Recognitions

Speaking Engagements and Publications

Professional and Community Involvement

Education

News

Insights

Upcoming events

Rankings & Awards