Stuart Bernstein

Stuart Bernstein is a seasoned trial attorney and Partner at Nesenoff & Miltenberg, LLP. With nearly thirty years of litigation experience in New York, he is recognized for his strategic skill in complex legal matters and his strong advocacy in Title IX, civil rights, and commercial litigation. Known as a “lawyer’s lawyer,” Stuart’s courtroom presence and litigation results have earned him respect across the legal community.

Stuart earned his Juris Doctor from St. John’s University School of Law and was named to the Dean’s List. He holds a Bachelor of Arts from the State University of New York at Buffalo.

Stuart launched his legal career as an Assistant District Attorney in New York County, serving the People of the State of New York under District Attorney Robert M. Morgenthau. This experience honed his trial and litigation skills and equipped him to handle complex, high-stakes cases. Before joining his current firm, Stuart was a partner at a leading New York City law firm, where he successfully represented major hospitals, physicians, and corporations in a wide range of civil litigation matters.

Since enacting the 2020 Title IX regulations, Stuart has leveraged his trial experience to defend students, coaches, and faculty nationwide in campus disciplinary proceedings. He has obtained numerous non-responsibility findings in Title IX hearings and has secured injunctions and court orders protecting students’ rights. His notable wins include reinstating suspended students, preventing improper second hearings, and preserving faculty tenure after allegations.

Stuart Bernstein is admitted to practice in multiple federal district and appellate courts, including the First, Ninth, and Tenth Circuits. He continues to be a key voice in the national conversation around due process in education law. He is frequently invited to speak on legal protections for the accused in academic settings.

Law Office Affiliations

• Partner, Nesenoff & Miltenberg, LLP
• Member, New York State Bar Association

Licensed State

• New York

Education

• St. John’s University School of Law
  Juris Doctor (JD)
• State University of New York at Buffalo
  Bachelor of Arts (BA)

Awards & Badges