Andrew S. Berns

Andrew S. Berns

Phone: (973) 586-4940
Fax: (973) 627-0869

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Andrew S. Berns

Andrew S. Berns has been recognized by:

  • New Jersey Super Lawyers 2018
  • New Jersey Super Lawyers 2017
  • New Jersey Super Lawyers 2016
  • New Jersey Super Lawyers 2015
  • New Jersey Super Lawyers 2014
  • New Jersey Super Lawyers 2013

Andrew S. Berns is a partner and Chair of the Einhorn Harris Commercial Litigation and Employment practice. 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 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.

Practice Areas

Litigation Percentage

  • 95% of Practice Devoted to Litigation


  • Rule 1:40 Qualified Mediator

Bar Admissions

  • New Jersey, 1987
  • United States District Court, District of New Jersey, 1987

Honors & Accolades

  • New Jersey Super Lawyers 2013-2018


  • Seton Hall University School of Law, Newark, New Jersey, J.D., 1987
  • Rutgers the State University of New Jersey, Rutgers College, New Brunswick, New Jersey, B.S., with high honors, 1984

Representative Cases

  • 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.

Representative Clients

  • Veolia Environment
  • Center For Medical Weight Loss
  • Mackenzie Keck, Inc.
  • Tessler & Weiss/Premesco, Inc.
  • Constant Services, Inc.
  • L.B. Electric Co., Inc.

Professional Memberships and Associations

  • Member, Labor and Employment LawSection, 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

Past Employment Positions

  • Whipple, Ross & Hirsh, P.C., Associate, 1987-1992
  • Lampf, Lipkind, Prupis & Petigrow, P.A., Partner, 1992-2004
  • Carroll Mcnulty Kull, LLC, Of Counsel, 2004-2006

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