Bienert Katzman Littrell Williams LLP

Partner

Whitney Z. Bernstein is an aggressive litigator and accomplished trial attorney with a track record for achieving success for her clients when the odds are against them. She is a credible, tireless, and respected advocate with considerable courtroom and trial experience. She’s tried numerous high-stakes and complex criminal and civil cases in both federal and state court, has led effective internal investigations to prevent litigation, and has successfully argued before the Ninth Circuit Court of Appeals. Whitney has drafted and argued countless substantive and dispositive motions, negotiated positive outcomes for her clients, and obtained numerous dismissals of charges and favorable settlements. She takes a very hands-on approach by involving herself in all aspects of case management, investigation, discovery, depositions, interviews, negotiations, and trial preparation. Prior to joining Bienert Katzman Littrell Williams LLP, Whitney was a trial lawyers for the Federal Defenders of San Diego, Inc. Before that, she was a trial lawyer for the Brooklyn Defender Services. As an undergraduate, Whitney was a volunteer firefighter and teacher inside prisons.

Representative matters:

Represented a former Qualcomm executive in a complex, multi-week federal criminal trial involving his role in a $180 million wire fraud and money laundering case centered on highly technical intellectual property.

Secured a $12.5 million jury verdict against American Express in a consumer class action lawsuit, representing plaintiffs from eight states and the District of Columbia.

Secured terminating sanctions and dismissal of claims against Timothy Ballard, the founder and former CEO of an anti-child trafficking organization, in a highly publicized civil dispute. Of the five cases in which BKLW represents Mr. Ballard, three have been thrown out by different judges at or near

Secured a single misdemeanor with no jail time for a client facing wire fraud felony charges in one of the first federal prosecutions under the CAN-SPAM Act. After four years of litigation, negotiated an ultimate loss amount of $9,700 — down from an initial claimed amount of over $70 million.

Achieved a mistrial in the federal prosecution of former executives and employees of Backpage.com, who were charged in a 100-count indictment with conspiracy, violations of the Travel Act, and money laundering.

Argued before the Ninth Circuit Court of Appeals that the Double Jeopardy Clause should prevent retrial of a high-profile case in which a mistrial had been obtained based on prosecutorial misconduct.

Argued before the Ninth Circuit and obtained reversal of a client's conviction, successfully convincing the court that an unlawful removal of a legal permanent resident in absentia infected his subsequent removal and could not serve as the basis for future criminal prosecutions.

Represented individuals and companies in matters being investigated by the Department of Justice's Criminal and Civil Divisions.

Executive Board Member of the Women’s White Collar Criminal Defense Association’s Los Angeles Chapter

Board Member of Federal Bar Association, Orange County Chapter

Member of Federal Bar Association, San Diego Chapter

Member of the First Amendment Lawyers Association

Barrister of the American Inns of Court, J. Clifford Wallace Chapter

University of Pennsylvania Law School, J.D.

University of Pennsylvania Department of Criminology, M.S.

Cornell University, B.A. Double Major in Government and Sociology; Concentration in Law and Society