Profile
Attorney Scot D. Bernstein emphasizes the representation of employees who have been denied overtime pay, expense reimbursements or other compensation that is owed to them as well as the representation of investors and consumers who are victims of fraud, misrepresentation and fiduciary abuse. He has also served as counsel in litigation involving unfair competition, unlawful business practices and false advertising. Principal of the firm, Law Offices of Scot D. Bernstein in Folsom, California, he has been practicing law in California for more than 30 years.
Mr. Bernstein studied engineering and economics at the University of California, Los Angeles, where he received his undergraduate degree with high honors. He received his law degree at Boalt Hall School of Law, University of California at Berkeley.
About Scot Bernstein
Law School: University of California Berkeley School of Law - Boalt Hall
Admitted: 1980, California
Professional Webpage: www.sbernsteinlaw.com/BernsteinCV.asp
Bar/Professional Activity:
- North American Securities Administrators Association
- California Employment Lawyers Association (“CELA”)
- Member, National Employment Lawyers Association (“NELA”)
- Public Investors Arbitration Bar Association ("PIABA")
Pro bono/Community Service:
- U.S. Securities and Exchange Commission
- California Employment Lawyers Association (“CELA”)
- Financial Industry Regulatory Authority ("FINRA,”formerly known as the“NASD”)
- California Division of Labor Standards Enforcement
- President, Sacramento County Bar Association’s Small Law Practice Section
- Federal Cave Resources Protection Act
Scholarly Lectures and Writings:
- Choosing a Form of Business Entity, 4 Weekly Bulletin, no. 14, pp. 6-7, 1990
- BadInvestmentsandtheMedicalProfession–Parts1and2,43SacramentoMedicine24-26 March and 23-24, April, 1992
- NASD 'Streamlining' of the Arbitrator Pool, 5 The PIABA Quarterly, no. 4, p. 17, December, 1998
- NASD Policy of Granting Certain Causal Challenges by Securities Industry Respondents, 5 The PIABA Quarterly, no. 4, p. 11, December, 1998
- NASD Lists of Arbitrators' Closed Cases Exclude Cases Resolved by Granting 'Dismissal Motions', 5 The PIABA Quarterly, no. 4, p. 8, December, 1998
- Making, Combating and Replying to Dispositive Motions, PIABA Seventh Annual Meeting, October, 1998
- NASD Intake Staff Harassment of Public Customers,6 The PIABA Quarterly, no.1,pp.8-10, March, 1999
- Understanding NLSS or How I Learned To Stop Worrying and Love List Selection, PIABA Ninth Annual Meeting, October, 2000
- Brief Spotlight: Your Clients' Right to a Hearing, 9 PIABA Bar Journal, no. 1, pp. 42-47, Spring, 2002
- View from the West: Getting Paid – Parts 1 & 2 (concerning securities brokers’ liability insurance), 9 PIABA Bar Journal, no. 1, pp. 37-39 (Spring 2002) and no. 2, pp. 55-60, Summer, 2002
- Brief Spotlight: The Inapplicability of Statutes of Limitation on Actions to Private Contractual Arbitration Proceedings, 9 PIABA Bar Journal, no. 2, pp. 79-85, Summer, 2002
- View from the West: Causal Challenges and the Chinese Wall, 9 PIABA Bar Journal, no. 3, pp. 11-13, Fall, 2002
- View from the West: The California Situation: More Questions than Answers (concerning the battle over California's arbitrator ethics standards), 9 PIABA Bar Journal, no. 4, pp. 47-56, Winter, 2002
- Broker Liability Insurance from the Claimant's Perspective, PLI Securities Arbitration August, 2003
- View from the West: Should You Challenge an Arbitrator for Cause or Make a Motion or Request for Recusal?, 10 PIABA Bar Journal, no. 1, pp. 71-78, Spring(co-authored with Tracy Pride Stoneman), 2003
- View from the West: Things Every Arbitrator Should Know, 10 PIABA Bar Journal, no. 2, pp. 21-35, Summer, 2003
- PIABA California Mid-Year Meeting: Securities Arbitration Update, February, 2003
- Your Clients' Right to a Hearing, PIABA Twelfth Annual Meeting, October, 2003
- View from the West: Unpaid Securities Arbitration Awards: Proposed Solutions to the Problem, 11 PIABA Bar Journal , no. 1, pp. 35-50, Spring, 2004
- Broker Liability Insurance in Securities Arbitration, PIABA California Second Annual Mid- Year Meeting: Securities Arbitration Update, February, 2004
- Maximizing Investor Recoveries: Errors & Omissions Insurance and Net Capital, PIABA California Third Annual Mid-Year Meeting: Securities Arbitration Update, (co- authored with C. Thomas Mason III, March, 2005
- Unpaid Awards and Investor Protection: Identifying the Continuing Problem and Collecting What Is Due, PIABA Fifteenth Annual Meeting, (co-authored with C. Thomas Mason III), October, 2006
- Tampering with List Selection by Enhancing the Appointment Frequency of “Chair-Qualified” Arbitrators, 13 PIABA Bar Journal, no. 2, pp. 13-28, Summer, 2006
- Arbitrating at the AAA: Differences from SRO Arbitration and Other Points of Interest, PIABA Fourth Annual California Mid-Year Meeting, March, 2006
- Stacking the Deck in Arbitrator List Selection: A Study in Regulatory Failure and A Practical Look at the Consequences, PLI Securities Arbitration 2007, August, 2007
- Avoiding the Uncollectible Judgment: Clues at the Case Intake Stage, California Employment Lawyers Association Advanced Wage and Hour Seminar, May, 2009
- Broker Promissory Notes: Economics, Policy, and Offsets under the Wage-and-Hour Laws, PIABA Nineteenth Annual Meeting, October, 2010
Representative Clients:
- Lori Davis, et al v. Apollo Group, Inc., University of Phoenix, Inc., et al, Solano County Superior Court Case Number FCS018663
- In Re Microstrategy Inc. Securities Litigation, U.S. District Court, Eastern District of Virginia, Civil Action Number 00-473-A
- Cliver, et al v. Rainbow Apparel Company, U.S. District Court, Northern District of California, Civil Action Number C 99-4425 PJH
- Morgan Stanley Dean Witter, Merrill Lynch,Paine Webberand Salomon Smith Barney
- Chester v. iFreedom Communications, Inc., et al, Los Angeles County Superior Court Case Number BC353567
- U.S. Robotics Cases, California Judicial Council Coordination Proceeding Number 4012
- Ahmed Ali, et al, v. Morton’s of Chicago/Sacramento, Inc., Sacramento County Superior Court Case Number 04AS04417
- Ronald Hart and Judy Vezeau v. K Mart Corporation, et al, Los Angeles County Superior Court Case Number BC 347079
- Drew v. HCR Manor Care Medical Services of Florida, LLC, et al., San Francisco County Superior Court Case # GCG-09-490181
- Lee v. Marshalls of CA, LLC, Alameda County Superior Court Case Number RG07337021
- MatrixWage and Hour Cases, California Judicial Council Coordination Proceeding Number 4610
- StopYouthAddictionv.LuckyStores, 17 Cal.4th 553, 950 P.2d 1086, 71 Cal.Rptr.2d 731, 1998
- Lippitt v. Raymond James Financial Services, et al 340 F.3d 1033, 9th Cir. 09/22, 2003
- Lazarin et al. v. Total Western, Inc. 188 Cal.App.4th 1560, 116 Cal.Rptr.3d 596, review denied, Jan. 19, 2011, S188164, 2010
Educational Background:
- UCLA, Magna Cum Laude, Tau Beta Pi, Omicron Delta Epsilon (economics honors society) and Phi Beta Kappa, 1977