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Founder, California Office
She/Her

510-380-5801
ebernstein@bradleybernstein.com

Erin Bernstein

Erin has two decades of experience leading complex cases through trial and appeal. She excels at developing creative strategies to win difficult, groundbreaking, and high-profile cases for her clients—whether in state or federal courts. Erin’s docket representing plaintiffs and defendants has included actions related to public records laws, breach of contract, municipal law, health privacy, class-action defense, consumer law, and constitutional claims.

Erin works closely with government and corporate leaders facing litigation challenges that have a policy and political dimension. Erin is a national leader in affirmative litigation on behalf of local governments, and has been lead trial and appellate counsel in cases involving novel issues of data privacy, breach of contract, consumer law, housing law, healthcare, and First Amendment claims. After over a decade developing and supervising complex policy and litigation in these matters, Erin has a deep understanding of the best strategies for engaging with governments and private companies alike. She enjoys providing pragmatic business- and policy-oriented advice to her clients, and helps them craft novel solutions that properly balance the risks and rewards of legal action.

Education

  • Harvard Law School, cum laude (2003)

  • University of California, Los Angeles, summa cum laude (2000)

Admissions

  • California

Teaching & Clerkships

  • Lecturer, Berkeley Law School (State & Local Impact Litigation)

  • Visiting Lecturer in Law, Yale Law School (2016)

  • Hon. Robert J. Timlin, US District Court, CDCA

  • Hon. Carlos R. Moreno, California Supreme Court

  • Lead trial counsel in nearly a dozen state and federal cases, including both bench and jury trials as plaintiff as well as defense counsel.

    Successfully represented two public entities on health and data privacy issues on writ action before California Court of Appeals and California Supreme Court, resulting in published decision protecting highly sensitive patient records.

    Advised corporate biotechnology client on laboratory code compliance, avoiding legal action with state and local enforcement officials.

    Secured a $1.15 billion judgment after trial of a state-wide complex tort action.

    Successfully defended her client at trial against a class action seeking hundreds of millions of dollars in relief.

    Successfully argued cases before the California Court of Appeals and the Ninth Circuit Court of Appeal, including issues of first impression related to preemption, state and federal privacy laws, due process, and free speech.

    Authored dozens of appellate briefs and amicus curiae briefs in the California Supreme Court, several federal circuit courts, and the United States Supreme Court

    Secured a landmark published decision for a hospital in a health privacy action, handling the case from complaint through trial and appeal.

    Member of trial and appellate team for groundbreaking series of cases successfully securing marriage equality for all Californians.