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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.


  • Rule 1:40 Qualified Mediator

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Honors & Accolades

Andy has been recognized by the following:

  • Thomson Reuters, Super Lawyers®
    • New Jersey Super Lawyers: 2013-2024
  • 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


  • 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.

Results may vary depending on your particular facts and legal circumstances.

Client Testimonials

“I personally want to thank Andy Berns for all he did for CCRA. It seems like ages ago when we first met, and Andy believed that CCRA could possibly have a winnable case. I know along the way, it seemed the end would never come. But Andy never gave up on our cause and fought on as the years clicked by. I’m so proud of Andy and Einhorn, Barbarito, Frost & Botwinick for forging the path, leading the way, and always believing in the NJ licensed and certified court reporters of the State. There are many CCRs statewide that are celebrating the Appellate Division’s decision affirming our positions as independent contractors, and we will never forget Andy’s wisdom, guidance and legal skills.” – Lois McFadden, CSR

“A major ‘Thank You’ to Andy Berns, who spent the better part of 40 hours learning the complete history of court reporters and the challenges to their status as independent contractors that went back to 1985, hours that we were not billed for. He joined the fight as CCRA’s attorney in May of 2018, and here we are almost 6 years later with the most significant legal victory ever in the long and twisted history of the classification status of court reporters. Thank you, Andy, for your hard work, for the time you gave at numerous seminars for the membership, and for the many parts of your work that went unbilled. You are part of a small group of people who saved this industry from ruination, and all court reporters will tell you we often feel like we have no voice. You are now our voice.” –  Rick Paone, Legislative Chairman, CCRA-NJ

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