Andrew C. Bernstein is an associate in the New York office of Gibson, Dunn & Crutcher.  He is a member of the Firm’s Litigation Practice Group and its Appellate and Constitutional Law group.  Mr. Bernstein represents a broad array of plaintiffs and defendants in federal and state courts at both the trial and appellate levels in matters relating to high-stakes business disputes, torts, constitutional claims, and administrative actions, among others.  Mr. Bernstein also maintains a robust pro bono practice.

Representative matters include:

Business Disputes and Torts

• Represented plaintiff in fraud-related jury trial that favorably settled during closing arguments.  Second-chaired fact and expert witness examinations and managed jury selection process.

• Represented pharma company in connection with business dispute under master services agreement resulting in favorable settlement.

• Represented private equity fund in litigation against a counterparty to a debt purchase agreement alleged to have attempted to defraud the fund. Secured victories on remand and transfer motions and achieved favorable settlement.

• Represent major auto manufacturer credit company in connection with litigation relating to dealer misconduct. Secured favorable settlements and dismissal of multiple sets of counterclaims.

• Represented plaintiff in claim that business partner committed fraud.

• Defend major media company against secondary-liability allegations relating to former independent contractor.

Appellate and Constitutional Matters

• Represented bi-partisan group of Members of the House of Representatives in support of Holocaust survivors and their heirs in two Supreme Court matters regarding foreign sovereign immunity.

• Represented policy organization in support of petitioner in double jeopardy issue in the Supreme Court.

• Represent small property owners in constitutional challenge to municipal regulations.

• Secured precedential ruling on jury instructions and new trial on behalf of inmate in sexual assault claim against guard.

• Represent third-party delivery companies in multiple actions challenging local ordinances on First Amendment, Takings, Due Process, and Contract Clause grounds.

• Secured favorable settlement for reporter after defeating multiple motions to dismiss in civil rights action based on arrest during a Black Lives Matter protest.

• Represent U.S. citizen in civil rights trial against sheriff who unlawfully detained him on faulty deportation order.

• Secured complete dismissal on behalf of law firm defendant in derivative action and defended judgment in pending appeal.

Other Matters

• Represent licensees in administrative investigations.

• Represent property owners in various Article 78 matters.

• Represented multiple corporate and individual clients in SEC and DOJ investigations.

• Earned affirmative and defensive immigration clients asylum and Special Immigrant Juvenile status, secured Adjustment of Status (green card) for pro bono clients.

Mr. Bernstein earned his Juris Doctor, magna cum laude, from Harvard Law School in 2017 and his Bachelor of Science degree from Cornell University in 2011.  During law school, he served as a senior editor of the Harvard Law & Policy Review, qualified in the Ames Moot Court Competition, tried a jury case solo while serving as a special Assistant District Attorney in Boston, and volunteered as a presiding judge for the AMTA Boston Regional Mock Trial Competition.  Mr. Bernstein also interned for a District Judge in the U.S. District Court for the Eastern District of New York.

Mr. Bernstein is admitted to practice in the State of New York, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Courts of Appeals for the Second and Ninth Circuits.  He is a member of the New York City Affairs Committee of the New York City Bar Association.