Andrea J. Bernard
- Partner
My admin
- Dawn Jakubowski
Clients say they appreciate my ability to give practical, results-oriented advice. I look at the big picture and strategize cases from start to finish, deciding early on how I'll drive a matter but keeping an open mind to make tactical adjustments as the situation warrants. I like to get to the point, find the right answers and position my clients to secure the most effective and efficient resolutions possible.
With three decades of experience, Andrea Bernard handles litigation for manufacturers, contractors, financial institutions and others involved in employment, construction and commercial disputes. Andrea primarily represents Michigan-based companies and organizations, vigorously advocating for them in cases across the country.
practices
Employment Litigation Experience
- Successfully defended construction company in gender discrimination case, resulting in “no cause” jury verdict for the employer.
- Lead counsel for large farming operation FMLA interference and retaliation case, obtaining summary judgment on plaintiff’s claims. Affirmed on appeal by Sixth Circuit, reported at 2012 WL 2989238.
- Lead counsel for large West Michigan manufacturer in gender discrimination / Equal Pay Act claim, obtaining summary judgment on plaintiff’s claims. Affirmed on appeal by Sixth Circuit, reported at 2012 WL 2580609.
- Successfully defended utility contractor in gender discrimination and retaliation case, resulting in “no cause” jury verdict for the employer.
Employment Litigation Experience
- Successfully defended construction company in gender discrimination case, resulting in “no cause” jury verdict for the employer.
- Lead counsel for large farming operation FMLA interference and retaliation case, obtaining summary judgment on plaintiff’s claims. Affirmed on appeal by Sixth Circuit, reported at 2012 WL 2989238.
- Lead counsel for large West Michigan manufacturer in gender discrimination / Equal Pay Act claim, obtaining summary judgment on plaintiff’s claims. Affirmed on appeal by Sixth Circuit, reported at 2012 WL 2580609.
- Successfully defended utility contractor in gender discrimination and retaliation case, resulting in “no cause” jury verdict for the employer.
- Obtained numerous summary judgment awards on behalf of defendants in employment-based lawsuits, including gender discrimination, retaliation, age discrimination, disability, and FMLA claims.
- Successfully defended tier-two auto supplier in sexual harassment and defamation case, obtaining directed verdict at the close of plaintiff’s proofs.
- Successfully defended large Michigan utility company against claims for hostile environment, sexual harassment and retaliation, obtaining directed verdict at the close of all proofs.
- Successfully defended professional firm against claims for hostile environment sexual harassment and retaliation, obtaining directed verdict at the close of plaintiff’s proofs.
Commercial/Construction Litigation Experience
- Represented large West Michigan mechanical contractor in obtaining substantial award in commercial contract dispute before the International Chamber of Commerce International Court of Arbitration.
- Represented hospital in complex negotiations with architectural and engineering design firm, successfully avoiding protracted dispute resolution and keeping hospital construction project on track to completion.
- Successfully defended large Michigan utility company in trespass and conversion case, reversing substantial default and instead obtaining net judgment of $0 where the plaintiffs were claiming damages over $1 million.
- Represented West Michigan insurance company in obtaining substantial award in breach of commercial contract dispute before the American Arbitration Association.
- Represented German manufacturing company in sales/distribution dispute before the International Chamber of Commerce International Court of Arbitration.
- Successfully defended West Michigan insurance company in commercial contract dispute before the American Arbitration Association.
- Panelist: “Getting the Most Out of Mediation and Settlement Conferences,” West Michigan Chapter Federal Bar Association Bench Bar Conference, Sept. 18-20, 2024, Thompsonville, Michigan
- “Ethics Update for Health Care Lawyers”, 29th Annual Health Law Institute, March 14, 2024
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- Panelist: “Getting the Most Out of Mediation and Settlement Conferences,” West Michigan Chapter Federal Bar Association Bench Bar Conference, Sept. 18-20, 2024, Thompsonville, Michigan
- “Ethics Update for Health Care Lawyers”, 29th Annual Health Law Institute, March 14, 2024
- “Managing Your Risk of COVID-19 Employment Litigation,” Warner Webinar, November 20, 2020
- “Labor and Employment Update: Preparing the Facility for Operations after COVID-19,” Warner Webinar, April 29, 2020
- “Whistleblower and Retaliation Claims,” Warner Human Resources Seminar, May 3, 2018, Grand Rapids, Michigan
- “Labor Laws in Other States,” Warner Human Resources Seminar, May 23, 2017, Grand Rapids, Michigan
- “Legislative Update” and “Changes are A Comin’!—FLSA Basics and the New ‘White Collar’ Rules,” Warner Human Resources Seminar, June 9, 2016, Grand Rapids, Michigan
- “Amendments to the Federal Rules of Civil Procedure (FRCP),” Data Solutions Fall Symposium, October 23, 2015, Grand Rapids, Michigan
- “Increase Your FLSA Budget, the Government Did,” MISHRM Annual Conference, October 15, 2015, Grand Rapids, Michigan
- Labor & Benefits Executive Panel, Warner Seminar, October 5, 2015, Traverse City, Michigan
- “Increase Your FLSA Budget—the Government Did,” Warner Human Resources Seminar, April 20, 2015, Grand Rapids, Michigan
- Labor and Employment Panel, Labor and Benefits Executive Panel-Government Enforcement Initiatives, September 23, 2014, Midland, Michigan
- “The Flip Side,” Warner Human Resources Seminar, April 22, 2014, Grand Rapids, Michigan
- “HR and Benefits Executive Panel,” Warner Human Resources Seminar, October 15, 2013, Birmingham, Michigan
- “Managing the Risks of Risk Management – Making EPLI Coverage Work for You” and “Wage/Hour Update – Classifying Employees Correctly to Avoid Liability,” Warner Human Resources Seminar, April 29, 2013, Grand Rapids, Michigan
- “Discrimination, Harassment and Retaliation,” Warner Human Resources Seminar, May 2, 2012, Grand Rapids, Michigan
- “Discrimination & Harassment,” Warner Human Resources Seminar, May 25, 2011, Grand Rapids, Michigan
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- Warner Attorneys Awarded Multiple Honors by Michigan Super Lawyers Magazine
- 66 Warner Attorneys Named Top Lawyers by Grand Rapids Magazine
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- Warner Attorneys Selected for Multiple Honors by Michigan Super Lawyers Magazine
- Warner Partner Andrea J. Bernard Honored by Inclusion in Michigan Lawyers Weekly 2023 Hall of Fame
- 13 Warner Attorneys Named Lawyers of the Year
- 108 Warner Attorneys Rated Best Lawyers in America
- 42 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 51 Warner Attorneys Rated 2022 Top Lawyers by Grand Rapids Magazine
- 105 Warner Attorneys Rated Best Lawyers in America©
- 44 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 35 Warner Attorneys Rated 2021 Top Lawyers by Grand Rapids Magazine
- 102 Warner Attorneys Rated 2021 Best Lawyers in America
- 45 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- Businesses forced to rethink ‘normal’ operations amid COVID-19: Preparing for worklife after the ‘Stay Home’ order lifts
- 34 Warner Attorneys Rated 2020 Top Lawyers by Grand Rapids Magazine
- 52 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- One Hundred and Two Warner Attorneys Rated Best Lawyers in America
- Fifteen Warner Partners Named Lawyers of the Year
- 58 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 24 Warner Attorneys Recognized as Top Women Lawyers by Michigan Super Lawyers Magazine
- One Hundred Warner Attorneys Rated Best Lawyers in America
- 57 Warner Attorneys Recognized as Michigan Super Lawyers
- Ninety-Seven Warner Attorneys Rated Best Lawyers in America
- 90 Warner Attorneys Rated Best Lawyers in America
- Warner Partner Andrea J. Bernard Selected as 2016 Leader in the Law
- U.S. District Court Judge Discusses Implementation Scenarios for Revisions to Federal Rules of Civil Procedure
- 98 Warner Attorneys Rated Best Lawyers in America
- 98 Warner Attorneys Rated Best Lawyers in America
- Warner to Offer Daylong Human Resources Seminar
- Michigan Attorney General Supports FTC’s Proposed Ban on Noncompete Agreements
- FTC Issues Notice of Proposed Rulemaking to Prohibit Noncompete Clauses
- Attorney-Client Privilege Protection Requires More Than Copying Legal on Emails
- COVID-19 Construction Issues
- CDC Provides Additional Guidance on Symptoms of COVID-19
- “Due Diligence and Dispute Resolution: The Role Each Plans to Improve Commercial Real Estate Loan Repayments,” Michigan Banker, January 2011
- “Due Diligence and Dispute Resolution: The Role Each Plans to Improve Commercial Real Estate Loan Repayments,” Michigan Banker, January 2011
Testimonials
“After many years in business, we found ourselves facing a major employment issue that required a legal advocate. Having interviewed several law firms in West Michigan, we decided upon Andrea Bernard at Warner. Why? First, she immediately detailed defensive strategies explaining each approach in a clear and precise manner. Second, each strategy was assigned potential legal costs and fees. Third, and just as important, was the empathy and understanding she conveyed to us as clients. From our first interview, we knew Andrea possessed the required legal expertise for our defense, but her common sense approach and communication skills helped us make the correct legal decisions during the entire process. We highly recommend Andrea Bernard and Warner.” – President of insurance services and consulting firm
“Andrea is diligent, responsive and she understands our corporate culture – which is a huge issue for our company. We will try a (labor-related) case based on principle, as opposed to being based solely on economics, and Andrea understands that. She has saved us money by helping us close cases that were based strictly on principle, as well as cases that were based on economics. Andrea displays great skill and is very experienced in the courtroom, and she is extremely knowledgeable of labor law.” — Human resources and safety manager at an industrial supply firm
“Andrea has a strategic perspective and excellent tactical ability to analyze a case from all sides, anticipate defense strategies and contingencies, and produce consistent, winning results. Over the course of many years, she has become a valued part of our team. Andrea works closely with our HR team to produce cost-effective case management strategies that control cost without jeopardizing our interests. She is tenacious in her pursuit of successful outcomes and abides by the mantra that “failure is not an option.” Despite the intense nature of her work, Andrea also demonstrates remarkable charm, wit and grace under fire.” — Human relations manager at a global furniture manufacturer
“Andrea is an excellent attorney. Her skill as a litigator is matched by her practical approach to problem solving, which helps clients achieve the best possible business result.” — West Michigan attorney