Andrew S. Berns is a partner and Chair of the Einhorn Barbarito Commercial Litigation and Employment practices. In this role, Andy oversees the firm’s non-matrimonial litigation practice areas which include commercial litigation, labor and employment law and construction litigation. Andy has been appointed as General Counsel to the firm and is also the Director of Human Resources for Einhorn, Barbarito.
Andy has significant litigation experience in complex commercial, construction cases, employment, products liability, probate, and personal injury matters. He has tried cases in various courts, including the United States Federal District Court for the District of New Jersey, the Federal District Court for the Middle District of Pennsylvania, the Superior Court of New Jersey, Law and Chancery Divisions, in various counties and the New Jersey Administrative Law Courts.
Andy maintains trial experience in the following legal subject areas: defamation; complex commercial disputes; will contests and other probate matters; construction litigation; employment law and litigation involving professional, medical, accounting and legal entities; personal injury; medical and accounting malpractice; and products liability, both plaintiff and defense. He regularly represents construction companies and contractors in Prevailing Wage Act disputes and has experience performing Independent Workplace Investigations. Andy represented one of two successful plaintiffs in a defamation lawsuit that produced one of the largest private judgments awarded for defamation in New Jersey history.
Andy also maintains an Alternative Dispute Resolution (ADR) practice and serves as a Rule 1:40 Qualified Mediator. He has participated in multi-party litigation in state and federal courts and helped negotiate multi-million dollar settlements in complex commercial matters through arbitration, mediation and as a trial advocate on behalf of commercial and individual clients.
In 2010, Governor Chris Christie appointed Andy as Chair of the New Jersey State Ethics Commission, a position he held until 2017. He also had the pleasure of serving on the Rutgers University Board of Trustees from 2012 to 2014.
Certifications
- Rule 1:40 Qualified Mediator
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Click here to view recognition methodology.
Honors & Accolades
Andy has been recognized by the following:
- Thomson Reuters, Super Lawyers®
- New Jersey Super Lawyers: 2013-2023
- The Best Lawyers in America® (Woodward/White, Inc.)
- Litigation – Labor and Employment, 2023-2024
- Employment Law – Management, 2024
Professional Affiliations
- Member, Society of Human Resource Management (SHRM), 2019 – Present
- Member, Labor and Employment Law Section, 2000 – Present
- Member, Dispute Resolution Section, 2000 – Present
- Chair, New Jersey State Ethics Commission, 2010 – 2016
- Member, Rutgers University Board of Trustees, 2012 – 2014
- Member, New Jersey State Bar Association
- Member, Morris County Bar Association
Community Involvement
- Volunteer Mentor, R.1:40 Compulsory Mediation Program, 2000 – Present
- Board of Directors and Volunteer Legal Counsel, Parsippany Police Athletic League, 2006 – 2012
Experience
- Almog et. al v. Israel Travel Advisory Service, Inc., et al., 298 N.J. Super. 145 (App. Div. 1997), certif. granted, 151 N.J. 463 (1997), certif. denied as improvidently granted, 152 N.J. 361 (1998), cert. den. U.S. (1999), represented one of two plaintiffs in a defamation lawsuit that produced one of the largest judgments awarded for defamation in New Jersey history.
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News
- 23 Einhorn Barbarito Lawyers Included in 2024 Best Lawyers® Lists
- Twenty-Six Einhorn Barbarito Lawyers Included in 2023 New Jersey Super Lawyers and Rising Stars Lists
- Will the Trend of Gig Employment Continue? Andrew Berns Explains the Legal Issues in #Evolve Magazine/WorldatWork Article “Expanding the Talent Tent”
- 16 Einhorn Barbarito Lawyers Included in 2023 Best Lawyers® Lists
- Twenty-One Einhorn Barbarito Lawyers Included in 2022 New Jersey Super Lawyers and Rising Stars Lists
- Andrew S. Berns Presenting at Somerset County Business Partnership HR Roundtable
- Andrew S. Berns Quoted In Law360 Article, “Judge Pushes To Update Arbitration Law For 21st Century”
- Andrew S. Berns Quoted In Law360 Article, “Fear Reigns That NJ Crackdown Might Bruise Employers”
- 18 Einhorn Barbarito Lawyers Included in 2022 Best Lawyers® Lists
- Andrew S. Berns Quoted In Law360 Article, “New Jersey Cases To Watch In 2021: A Midyear Report”
- Andrew S. Berns Quoted In NJBIZ Article, “New Balance – What an FTC crackdown on non-compete agreements and licensing rules would mean for New Jersey”
- Andrew S. Berns Quoted In NJ.com Article, “They called it ‘The God Squad.’ How a brazen band of cops operated in this N.J. suburb.”
- Twenty-Three Einhorn Barbarito Attorneys Named To The 2021 New Jersey Super Lawyers and Rising Stars Lists
- Andrew S. Berns Quoted In NJBIZ Article, “Restrictive Covenants In The COVID Era.”
- Andrew Berns Quoted In SHRM Article About Employment Law Issues Regarding The Trend Of Remote Workplace Romances
- Andrew S. Berns Quoted In Forbes Article, “Trump Labor Department Pushes Quick-Boiling Independent Contractor Rule that the White House Has Left on Simmer”
- Andrew Berns Quoted in NJ.com Article, “When Prom Weekend Gets Canceled, Should Motel Give Students Their Money Back?”
- Andrew S. Berns Quoted in Journal Of Commerce Article On Worker Classification
- Andrew S. Berns Quoted In NJBIZ Article, “Layoff Payoffs”
- Andrew S. Berns Mentioned In Law360 Article, “5 Ways NJ Employers Unknowingly Invite Bias Suits”
- Andrew S. Berns Mentioned In Law360 Article, “NJ Worker Classification Crackdown Tees Up Tax Battle”
- Andrew S. Berns To Speak At Tri-State HRMA Conference
- Twenty Einhorn Barbarito Attorneys Named To 2019 New Jersey Super Lawyers And Rising Stars List
- Andy Berns To Speak At The Certified Court Reporters Association Of New Jersey Annual Meeting
- Andrew Berns mentioned in SHRM Article, “You Don’t Have to Be a Scrooge to Set Limits on Holiday Gifts”
- 20 Einhorn Barbarito Attorneys Named To 2018 New Jersey Super Lawyers And Rising Stars Lists
- 19 Attorneys Selected To The New Jersey Super Lawyers And New Jersey Super Lawyers Rising Stars Lists
- Fifteen Einhorn Barbarito Attorneys Named To 2016 New Jersey Super Lawyers And Rising Stars List
- NJ Super Lawyers® Magazine Includes 13 Einhorn Barbarito Attorneys On Their 2014 Lists
- Andrew S. Berns, Esq. Appointed by Governor to Rutgers Board of Trustees
- Andrew S. Berns, Esq. Appointed by Governor to Rutgers Board of Trustees
