Overview
Stuart Bernstein is an exceptional litigator and accomplished trial attorney who holds himself to the highest of ethical standards in his unwavering and tenacious representation of his clients. Stuart is well respected by the judicial bench and is widely regarded by his adversaries to be a “lawyer’s lawyer.” Whether in the courtroom or behind the scenes with his tireless preparation, Stuart is resolute when engaged in battle in defense of his clients. Stuart’s clients consistently describe him as “professional, knowledgeable and compassionate” handling their cases “with the utmost care and efficiency.”
With over 35 years of extensive legal experience starting as a New York County Assistant District Attorney under the tutelage of the legendary Robert M. Morgenthau, Stuart’s nationwide practice includes defense of doctors, lawyers, business executives, professors and students in life-altering administrative proceedings. Among his many high-profile clients, Stuart was central to the firm’s successful handling of the highly publicized Fairstein v. Netflix case and the post-October 7, 2023 antisemitic discrimination litigation involving Columbia University. Stuart also handles high stakes personal injury matters, having recently secured a multimillion-dollar settlement for a client who suffered burns over 65% of his body.
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, medical malpractice, and loss of consortium claims, stemming from allegations dating back an incredible 25 years.
Prior to joining Nesenoff & Miltenberg LLP, Stuart was a partner in a prominent New York City firm where he successfully represented major New York hospitals, physicians, partnerships, and corporations in a wide range of litigation issues.
Notable Work
- Defense of alleged use of artificial intelligence: Defense of a graduate student in federal court against an Ivy League university’s wrongful accusations of the student’s use of artificial intelligence to cheat on an exam.
- Antisemitism litigation: Following Hamas’ October 7, 2023 attack on Israel, negotiated resolution of clients’ claims of antisemitism discrimination and not being protected by the University.
- Temporary restraining order: Successfully obtained TRO, and subsequent settlement for client, preventing Penn State University from excluding a student in a seven-year medical school program from continuing in the program based upon the university’s due process violations during the Title IX process.
- Defamation litigation: Represent numerous clients in various defamation matters including suing Netflix in a highly successful publicized litigation.
- Defense of faculty members in tenure revocation hearings: Defense of multiple tenured professors in intricate university proceedings seeking to terminate their lifetime rights and privileges due to allegations of misconduct.
- Temporary restraining order: Successfully obtained TRO, and subsequent settlement for client, preventing private university from excluding a second semester senior ROTC student from graduating and completing training.
- Defense in title ix sexual harassment matters: Regularly represent students and faculty in Title IX proceedings following allegations of sexual misconduct. Advisor to clients during investigations, hearings including cross-examination of parties and witnesses, and filing appeals.
- Faculty retaliation disciplinary defense: Obtained a “not responsible” finding for a tenured professor wrongfully accused of retaliating by securing witnesses in defense of an underlying Title IX matter.
- Contract litigations following dissolution of marriage engagement: Represented client in several litigation matters following the unilateral dissolution of the engagement prior to marriage.
- Constructive employment termination: Negotiate in arbitration for pregnant client who was forced to resign following harassment from supervisor after informing company of her pregnancy.
- Intellectual property litigation: Represented small startup company regarding claims of copyright infringement.
- Defense of graduating nursing students facing discipline for alleged covid-19 violations: Reversed private college’s decision to impose sanctions in order to delay seven (7) nursing students from graduating on time.
Education & Admissions
Admissions
States
- New York
Courts
- New York State Appellate Division, 2nd Department
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Western District of New York
- Western District Court of Wisconsin
- U.S. Court of Appeals, 1st Circuit
- U.S. Court of Appeals, 6th Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, 10st Circuit
Education
- St. John’s University School of Law, J.D.
- State University of New York at Buffalo, B.A.
Media
- Bernstein, Miltenberg, Courtney: “Suspended Yale Student Defends Suit Over Cheating Claims”
- Gorycki, Miltenberg, Bernstein: “Netflix Libel Trial to Feature Full Central Park 5 Series,” Law360
- Bernstein, Peress, Miltenberg: “Judge: White Ex-Hoop Player Can Sue UAlbany As ‘Protected Class’”, Times Union
- Former N.F.L. Player Keith Mumphery, After Settling Lawsuit, Plots a Comeback
- “Penn State accused of being arrogant in sexual misconduct case as rhetoric heats up”
- With Title IX, courts navigate gulf between student victims and their accused perpetrators
- Bernstein, Davis, Miltenberg: Schools conducting Title IX investigations, styled as “education processes,” are issuing overly punitive sanctions
- “Federal Appeals Court Revives Former DU Student’s Claim That Anti-Male Bias Led to His Expulsion”
Speaking Engagements
- Panelist, Title IX Charges and Parallel Criminal Proceedings: New Jersey Association for Justice -Boardwalk Seminar, April 2023
- Panelist, Title IX Issues on Campus: University of North Carolina School of Law’s-Conference on Race, Gener, Class and Equality, February 2019
