Attorney Andrea Bierstein is a partner at Simmons Hanly Conroy. With over three decades of legal experience, Ms. Bierstein is one of the premier appellate brief-writers and oral advocates in the nation. She works in the Complex Litigation Department and has secured millions of dollars on behalf of her clients, including a $32 million antitrust settlement for a medical supply manufacturer.

Ms. Bierstein is highly experienced in all forms of civil litigation and is a former law professor at Western New England College School of Law in Springfield, Mass. There, she designed and taught an annual civil litigation clinic and second-year law courses in Evidence and Remedies.

Ms. Bierstein excels in appellate work and law and motion practice, having won multiple cases on appeal, and is known for writing persuasive legal briefs and providing clear legal analysis. Lawyers from other firms frequently seek her out to work on complex briefing projects or to assist or edit their own work.

Currently, she focuses her legal practice on pharmaceutical litigation, consumer protection class actions, commercial litigation, and environmental law. She works out of the firm’s New York office and resides in New York City.

Background

Ms. Bierstein attended Princeton University for undergrad, majoring in history. She earned her J.D. (cum laude) from New York University in 1984. She is admitted to practice in nearly a dozen courts throughout the country including New York, Massachusetts and the U.S. Court of Appeals in the Second, Seventh, Ninth and Eleventh circuits.

Ms. Bierstein has been included in the New York Metro Super Lawyers roster every year since 2007.

Representative Cases

  • In Re: Depuy Orthopaedics, Inc. Pinnacle Hip Implant Product  Liability Litigation, MDL 2244 (N. D.  Tex.):  (representing individuals injured by defective metal-on-metal hip implants)
  • Jean-Charles v. Perlitz, 3:11cv614 (RNC) (D. Conn.) and St. Louis v. Perlitz, No.: 3:13-cv-01132 (RNC) (representing victims of pedophile)
  •  Synergetics USA, Inc. v. Alcon Laboratories, Inc. and Alcon, Inc., 2008-cv-3669 (DLC) (S.D.N.Y.) (plaintiff’s contingency fee antitrust suit; settlement of $32 million and fee of $10.5 million);
  • In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf Of Mexico, on April 20, 2010 litigation (environmental litigation);
  • ;Easton Capital Management v. Rush, No. 09 Civ. 1307 (S.D.N.Y.) (representing venture capital investment funds prosecuting fraud and related claims arising from their investments in a medical device company);
  • In re Gadolinium-Based Contrast Agents Products Liability Litigation, MDL 1909 (N.D. Ohio) (representing individuals injured by contrast media used in MRIs)
  • In re Terrorist Attacks on September 11, 2001, MDL 1570 (S.D.N.Y) (argued appeal in Second Circuit)
  • In re Zyprexa Litigation, MDL 1596 (E.D.N.Y.) (third-party payer class action)
  • Reid v. Siniscalchi, No. 2874-VCN (Delaware Chancery) (representing investor in a derivative action involving claims arising from a joint venture to finance Russian communications satellites)
  • In re OxyContin, 15 Misc.3d 388, 833 N.Y.S.2d 357 (Sup. Ct. Richmond Co. N.Y.Sup. 2007)
  • Class actions and individual actions involving franchisees suing franchisor and other parties for breach of contract
  • Bartold v. Glendale Federal Bank, 81 Cal.App.4th 816, 97 Cal.Rptr.2d 226 (2000) (successful appeal)
  • Ramadan v. Chase Manhattan Corp., 156 F.3d 499 (3rd Cir. 1998) (successful appeal)
Andrea Biernstein Professional Headshot

Practice Areas:

  • Class Actions
  • Commercial Litigation
  • Environmental Litigation
  • Pharmaceutical Litigation

Bar and Court Admissions:

  • New York, 1985
  • U.S. District Court, Southern District of New York, 1986
  • U.S. District Court, Eastern District of New York, 1986
  • U.S. Court of Appeals, Second Circuit, 1987
  • Massachusetts, 1993
  • U.S. Court of Appeals, Third Circuit, 1997
  • U.S. Court of Appeals, Ninth Circuit, 1999
  • U.S. Court of Appeals, Eleventh Circuit, 2005
  • U.S. District Court, Eastern District of Wisconsin, 2005
  • U.S. Court of Appeals, Seventh Circuit, 2008
  • U.S. District Court, Southern District of Illinois, 2012

Recognition:

Andrea B. Bierstein

Rated by Super Lawyers

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  • The Best Lawyers in America®
    • Mass Tort Litigation / Class Actions – Plaintiffs, 2019-2023
  • Thomson Reuters, New York Metro Super Lawyers®: 2008-2009, 2011 – 2023
  • Crain’s New York Business, Notable Women in Law, 2019

Publications:

  • “New Jersey Mass Torts & Class Action Treatise,” Chapter 6: New Jersey Class Actions. Principal Author. (2015)
  • Millennium Approaches: The Future of the Voting Rights Act After Shaw, De Grandy, and Holder, 46 HASTINGS L.J. 5, 1457 (1995).

Affiliations:

  • American Bar Association
  • American Association for Justice

Education:

  • Princeton University, A.B., 1978
  • New York University School of Law, J.D., 1985