Marisa Sternstein

New York City Metropolitan Area Contact Info
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About

As in-house counsel and a former law firm partner, my career has been defined by solving…

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Experience & Education

  • dentsu international

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Volunteer Experience

  • Member, Board of Trustees

    The Moriah School of Englewood

    - Present 1 year

    Education

    The Moriah School is an orthodox Jewish day school located in Englewood NJ. Moriah strives to impart to its children a strong sense of values and ethical standards, and to endow them with the skills they need to become knowledgeable, successful, and fully contributing members of the communities in which they live. It is an honor to serve on the Moriah School Board of Trustees, where I am on the development and communications committees.

  • Better Business Bureau Graphic

    BBB National Programs’ Center for Industry Self-Regulation AI Incubator

    Better Business Bureau

    - 1 year 8 months

    Civil Rights and Social Action

    I was a participant in the BBB National Programs’ Center for Industry Self-Regulation Incubator that developed the Principles and Protocols for Trustworthy AI in Recruiting and Hiring, in collaboration with senior legal and privacy representatives from more than a dozen global employers, including Amazon, Allegis, Koch Industries, Microsoft, Qualcomm, and Unilever.

  • Benjamin N. Cardozo School of Law Graphic

    Advisory Board Member

    Benjamin N. Cardozo School of Law

    - Present 9 years

    Education

    A working board of law school alumni dedicated to furthering the mission of Cardozo Law School. Personally focused on expanding young alumni engagement and philanthropy.

Publications

  • Love is a Battlefield (Also, an Employment Law Minefield)

    American Bar Association Labor and Employment, Volume 46, Number 2, Winter 2018.

    Navigating any romantic relationship can be difficult. What if this relationship was in the workplace?

    See publication

  • Developing Trends in Non-Compete Agreements and Other Restrictive Covenants

    ABA Journal of Labor & Employment Law

    Covenants not to compete are a common vehicle for protecting a company’s interests. From the employer’s perspective, the loss of key employees, customer lists, price lists, customers, proprietary or confidential information, or trade secrets can damage a company. From the employee’s perspective, non-compete agreements can limit an employee’s ability to find future employment or utilize various pieces of information or contacts gained during employment. In dealing with these issues, courts…

    Covenants not to compete are a common vehicle for protecting a company’s interests. From the employer’s perspective, the loss of key employees, customer lists, price lists, customers, proprietary or confidential information, or trade secrets can damage a company. From the employee’s perspective, non-compete agreements can limit an employee’s ability to find future employment or utilize various pieces of information or contacts gained during employment. In dealing with these issues, courts typically strike a balance between the employer’s need for protection and an employee’s right to work for a different employer. Employment lawyers need a firm understanding of non-compete agreements and other restrictive covenants, which are the subject of complex and ever-changing legal schemes both within and outside the United States. This Article discusses developing legal trends in restrictive covenants, including best practices for negotiating restrictive covenants and defenses to enforcement of restrictive covenants. It also explores several emerging issues, such as the employee choice doctrine and forfeiture issues, choice-of-law, non-poaching agreements, and enforcement of restrictive covenants outside the United States.

    Other authors

  • Ethics in Discovery: Where the Rubber Meets the Road

    American Bar Association-Section of Labor and Employment Law

    Other authors

  • Recent Developments in New York City Human Rights Law: Why Cases Suggest That It May Actually Be Living Up to the Hype

    New York State Bar Association Young Lawyers Section

    Prior to 2005, the New York City Human Rights Law (“NYCHRL”), was interpreted to be “coextensive with [its] state and federal counterparts.” However, in 2005 the New York City Council passed the Local Civil Rights Restoration Act (“Restoration Act”) that “confirm[ed] the legislative intent to abolish ‘parallelism’ between the City HRL and federal and state anti-discrimination law.” Specifically, the Restoration Act stated that the NYCHRL should be examined “independently from similar or…

    Prior to 2005, the New York City Human Rights Law (“NYCHRL”), was interpreted to be “coextensive with [its] state and federal counterparts.” However, in 2005 the New York City Council passed the Local Civil Rights Restoration Act (“Restoration Act”) that “confirm[ed] the legislative intent to abolish ‘parallelism’ between the City HRL and federal and state anti-discrimination law.” Specifically, the Restoration Act stated that the NYCHRL should be examined “independently from similar or identical provisions of New York state or federal statutes” and “shall be construed liberally for the accomplishment of the uniquely broad and remedial purposes thereof, regardless of whether federal or New York State civil and human rights laws, including those laws with provisions comparably-worded to provisions of this title, have been so construed.” In the years following the Restoration Act, the NYCHRL has been interpreted to provide greater protections for employees than those available in years’ past.
    Although cases decided immediately after the passage of the Restoration Act acknowledged that the NYCHRL had been expanded, it was not until 2009 when a case fully examined the scope of the Act. This case, Williams v. New York City Housing Authority, is arguably the most influential case to date. In Williams, the court found that the NYCHRL “explicitly requires an independent liberal construction analysis in all circumstances, even where State and federal civil rights laws have comparable language.” Further, the Restoration Act “formally and unequivocally rejected the assumption that the City HRL’s purposes were identical to that of the counterpart civil rights statutes.”

  • About That iPad: Protecting Client Confidences in a Digital Age

    American Bar Association Secition of Labor and Employment Law

    Popular devices such as the iPad, BlackBerry, and laptop computers, and services such as online file storage and retrieval systems, give lawyers increasing flexibility in creating, storing, and transmitting information. While such innovations provide many benefits, even seemingly innocuous use of these technologies may compromise a lawyer’s ethical duties. The ABA Model Rules of Professional Conduct (“Model Rules”) require attorneys to maintain client confidences and safeguard client property…

    Popular devices such as the iPad, BlackBerry, and laptop computers, and services such as online file storage and retrieval systems, give lawyers increasing flexibility in creating, storing, and transmitting information. While such innovations provide many benefits, even seemingly innocuous use of these technologies may compromise a lawyer’s ethical duties. The ABA Model Rules of Professional Conduct (“Model Rules”) require attorneys to maintain client confidences and safeguard client property. These and other ethics rules are implicated by lawyers’ use of developing technologies.

    Other authors
    • Charles Bacharach
    See publication

  • Social Media, Trade Secrets, Duties of Loyalty, Restrictive Covenants and Yes, the Sky is Falling

    29 HOFSTRA LAB. & EMP. L.J. 99

    With the rise of social media, there has virtually been an explosion in the amount of personal and professional information that has been thrust into the public light. Websites such as Facebook, LinkedIn, Twitter, and newly formed Google+ allow people to connect with friends, relatives, colleagues, or complete strangers. Normative behaviors with respect to what should and should not be posted on these types of websites have not yet been established. Facebook has more than 750 million active…

    With the rise of social media, there has virtually been an explosion in the amount of personal and professional information that has been thrust into the public light. Websites such as Facebook, LinkedIn, Twitter, and newly formed Google+ allow people to connect with friends, relatives, colleagues, or complete strangers. Normative behaviors with respect to what should and should not be posted on these types of websites have not yet been established. Facebook has more than 750 million active users, and LinkedIn has more than 120 million members in over 200 countries and territories. As of June 2011, Google ranked Facebook.com as the most frequently visited website on the internet. The popularity of these websites cannot be understated.
    In addition to personal use, social media is frequently used in a business setting to recruit new employees, connect with current employees, network with other professionals, and promote one’s business. The ubiquitous nature of these mega social networks gives rise to new legal considerations and responsibilities in the employment law context for both employees and employers. In particular, social media will have a considerable effect on the protection of trade secrets, the scope of an employee’s duty of loyalty, and the coverage of non-compete agreements. The courts have begun to address the impact of social media on the employment relationship. However, many issues have yet to be determined. As a result, employers continue to wrestle with employees’ use of Facebook and other forms of social media. Employees, on the other hand, are left struggling to identify whether social media activities are legally protected.

    Other authors

  • Personal Social Media Use Raises Employment Issues.

    American Bar Association Section of Labor and Employment Newsletter

Organizations

  • American Bar Association, Section of Labor and Employment Law

    Leadership Development Program Co-Chair; Employment Rights and Responsibilities Ethics Sub-Committee Co-Chair

    - Present

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