Stuart Bernstein

Partner

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Bio
Education & Admissions
PRACTICE AREAS
NOTABLE WORK
Media

Gorycki, Miltenberg, Bernstein: “Netflix Libel Trial to Feature Full Central Park 5 Series,” Law360 Law360
Bernstein, Peress, Miltenberg: "Judge: White Ex-Hoop Player Can Sue UAlbany As ‘Protected Class’," Times Union Times Union
Former N.F.L. Player Keith Mumphery, After Settling Lawsuit, Plots a Comeback - New York Times
“Penn State accused of being arrogant in sexual misconduct case as rhetoric heats up” - Penn Live
With Title IX, courts navigate gulf between student victims and their accused perpetrators - Coloradopolitics.com
Bernstein, Davis, Miltenberg: Schools conducting Title IX investigations, styled as “education processes,” are issuing overly punitive sanctions - Colorado Politics
"Federal Appeals Court Revives Former DU Student’s Claim That Anti-Male Bias Led to His Expulsion," - The Colorado Sun

With nearly three decades of experience practicing law in the State of New York, Stuart Bernstein is an accomplished litigator and well-respected trial attorney and is regarded as a lawyer’s lawyer. With the enactment of the August 2020 Title IX regulations and the requirement of cross-examination, Stuart has successfully used his decades of trial experience to obtain numerous non-responsibility findings related to allegations of sexual misconduct following hearings at universities across the country.

During his legal career, Stuart served the People of the State of New York for over eight years as a New York County Assistant District Attorney under the leadership of the Honorable Robert M. Morgenthau. Previously, as a partner for a prominent New York City firm, Stuart successfully represented major New York Hospitals, physicians, partnerships, and corporations in a wide range of litigation issues.

Most notably, in a case of first impression in the State of New York, Stuart secured a defense verdict on a complex matter involving claims of negligence, malpractice, and loss of consortium claims, stemming from allegations dating back an incredible 25 years.

Stuart is married and he and his wife have two grown children.

Education:

St. John’s University School of Law, J.D., Dean’s List
State University of New York at Buffalo, B.A.

Admissions:

New York State-Appellate Division-Second Department
Eastern District Court of New York
Southern District Court of New York
Western District Court of New York
Northern District Court of New York
Western District Court of Wisconsin
U.S. Court of Appeals – 1st Cir
U.S. Court of Appeals – 9th Cir
U.S. Court of Appeals – 10th Cir

Below is a list of practice areas in which Stuart Bernstein specializes:

Stuart recently obtained a not responsible finding for his client who was a coach of a university’s men’s varsity athletic team.

At the beginning of the COVID epidemic, Stuart led a team of attorneys that successfully obtained the immediate reinstatement of six students, which allowed for their on-time graduation, following university suspensions for an alleged Student Conduct/COVID related violation imposed without a hearing or a notice of the violation prior to the suspension.

Stuart has successfully obtained temporary restraining orders and preliminary injunctions, including one of the first in the country requiring his clients’ immediate readmission to a university following the school’s impermissive expulsion.

Stuart obtained a temporary restraining order prohibiting a university from going forward with a second Title IX hearing after the university stopped the first proceeding without any justification.

Stuart successfully litigated and negotiated the retention of Professors’ tenured position following the filing of Title IX allegations. Stuart has conducted several privilege and tenure hearings throughout the country.

Stuart and the Nesenoff & Miltenberg team have successfully represented student athletes against Title IX accusations which ultimately allowed them to become professional athletes.

Stuart has negotiated favorable settlements for numerous clients following the filing of state and federal lawsuits stemming from universities’ improper handling of Title IX proceedings.

Stuart has litigated from temporary restraining order through trial in an intellectual property matter concerning the ticket broker industry.

Stuart has participated in university sponsored CLE presentations arguing for the rights and the need for Due Process protections for the accused. Stuart has provided comment and analysis in National publications concerning the August 2020 Title IX regulations.