|
|
|
919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2048
E:
|
Ronald E. Richman is a partner in the New York office, co-head of the Employment & Employee Benefits Group and a member of the firm’s Executive Committee. His practice concentrates on the litigation of employment and employee benefits cases in federal and state courts throughout the United States involving trade secrets, non-competition, nonsolicit, and breach of confidentiality and breach of loyalty issues. Ron defends employee benefit plans, fiduciaries, and employers in class actions and in cases brought by individual plaintiffs. He represents employee benefit plans before the U.S. Department of Labor, the Pension Benefit Guaranty Corporation and the Internal Revenue Service in connection with novel issues of law concerning plan mergers, terminations, spin-offs, fiduciary duties and prohibited transactions, and various aspects of withdrawal liability and mass withdrawal liability. Ron also represents employers (particularly hedge and private equity funds), employees and partners with respect to executive compensation and partnership issues.
Ron is a Fellow of the American College of Employee Benefits Counsel and a member of the CPR Employment Dispute Committee of the CPR Institute for Dispute Resolution. A former adjunct professor in New York University School of Continuing Education’s Certified Employee Benefits Specialist Program, Ron frequently speaks and writes on employee benefit and employment topics of interest to the H.R. community, such as his “Tips on Complying with U.S. Department of Labor Fee Disclosure Rules,” which appeared in Human Resources 2008, Summer Edition and a presentation he gave on “Recent Trends In ERISA 401(k) Stock Drop Litigation” at LEI’s 2010 National CLE Conference Employee Benefits Program. Ron has been recognized by The Best Lawyers in America as a leading labor and employment litigation attorney. He received a B.S. from the Industrial and Labor Relations School at Cornell University and a J.D. from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar and the recipient of the Emil Schlesinger Labor Law Prize.
Selected Publications
SRZ Employment & Employee Benefits Developments: Special Healthcare Reform Issue, Winter 2012 (co-author)
“Is Moench the End of the Road for Employer ‘Stock Drop’ Claims? The ERISA ‘Stock Drop’ Framework Following the Second Circuit’s Adoption of the Moench Presumption in In re: Citigroup ERISA Litigation,” BNA Pension & Benefits Daily, Jan. 9, 2012 (co-author)
“IRS Launches New Voluntary Classification Settlement Program,” SRZ Client Alert, Nov. 23, 2011 (co-author)
“FASB Enhances Disclosure Requirements for Employers Participating in Multiemployer Plans,” SRZ Client Alert, Nov. 10, 2011 (co-author)
“The Second Circuit’s Adoption of the Moench Presumption of Prudence Provides ‘Accommodation’ for Employers Facing Stock Drop Suits,” SRZ Client Alert, Oct. 24, 2011 (co-author)
“New Reporting Requirements for New York State Employers,” SRZ Client Alert, Sept. 15, 2011 (co-author)
“Reminder: Cafeteria Plans May Need to be Amended for Health Care Reform Over-the-Counter Drug Requirements,” SRZ Client Alert, June 6, 2011 (co-author)
“Supreme Court Expands Availability of Retaliation Claim to Parties ‘Connected’ to an Employee Who Complains of Discrimination,” SRZ Client Alert, March 4, 2011 (co-author)
“New York's Wage Theft Prevention Act Creates New Employer Obligations and Increases Penalties,” SRZ Client Alert, Feb. 23, 2011 (co-author)
“Internal Revenue Code Section 409A: Tax Relief for Non-Compliant Separation Pay Arrangements,” SRZ Client Alert, Dec. 23, 2010 (co-author)
“New York Extends Protection to Domestic Workers and Bereavement Benefits to Same-Sex Committed Partners,” SRZ Client Alert, November 2010 (co-author)
“2011 Dollar Limits for Retirement Plans,” SRZ Client Alert, October 2010 SRZ Employment & Employee Benefits Newsletter, Fall 2009
“Tips on Complying with U.S. Department of Labor Fee Disclosure Rules,” Human Resources 2008, Summer Edition
“New York State’s Newest Protected Classification: Sexual Orientation,” SRZ Client Alert, January 2003 (co-author)
“Future of New York’s New Union Neutrality Law Uncertain,” SRZ Client Alert, January 2003 (co-author)
“New York City Passes ‘Living Wage’ Law,” SRZ Client Alert, January 2003 (co-author)
“New York State Legislation Mandates Prescription Drug Plan Coverage of Contraception,” SRZ Client Alert, January 2003 (co-author)
“New Guidance on National Origin Discrimination Addresses Difficult Issues of Language, Accent, and Dress,” SRZ Client Alert, January 2003 (coauthor)
“New York State Amends Anti-Discrimination Laws To Require Religious Accommodations,” SRZ Client Alert, January 2003 (co-author)
“The New York City Indoor Smoke-Free Air Act of 2002,” SRZ Client Alert, March 2003 (co-author)
“Employment Terminations: Navigating the Minefield – An Employer’s Guide to Conducting a Non-Union Reduction in Force (RIF),” SRZ Employment and Employee Benefits Issues, 2002
“Another Protected Class in New York City? Expanding the Protection of Gender-Based Discrimination,” SRZ Client Alert, June 2002 (co-author)
“Striking Down the Notice Requirement: Has the Supreme Court Helped or Harmed Employers?,” SRZ Client Alert, June 2002 (co-author)
“New Law Protects Health Care Employees Who Blow the Whistle,” SRZ Client Alert, May 2002 (co-author)
“The Current Protections of the Friendship Treaty Against Title VII,” International Legal Strategy: Legal Risk Management for Japan Business Executives, April 2000
“Holiday Parties Can Leave Employers with Serious Headaches,” SRZ Client Alert, December 2000 (co-author)
“Emerging Issues in Restrictive Covenant Law,” SRZ Client Alert, December 2000 (co-author)
“Monitoring Employee E-mail and Internet Use,” SRZ Client Alert, December 2000 (co-author)
“New Guidance on Obtaining Employee Medical Information: Dare You Ask?,” SRZ Client Alert, December 2000 (co-author)
“Non-Union Employees’ Rights Expanded by NLRB,” SRZ Client Alert, December 2000 (co-author)
“OSHA Rule on Ergonomics Is Painful for Employers,” SRZ Client Alert, December 2000 (co-author)
“To Explain or Not To Explain: What To Say To An Employee Who Is Being Fired,” SRZ Client Alert, December 2000 (co-author)
“IRS Relaxes Anti-Cutback Rules,” SRZ Client Alert, December 2000 (co-author)
“Litigating Against HMOs After Pegram v. Herdrich,” SRZ Client Alert, December 2000 (co-author)
“New Guidance on Employee Benefits Discrimination,” SRZ Client Alert, December 2000 (co-author)
“New Labor Department Rules on ERISA Plan Requirements,” SRZ Client Alert, December 2000 (co-author)
“Unions Gain a New Organization Weapon-Your Temporary Employees,” SRZ Client Alert, December 2000 (co-author)
“What You Don’t Know About HIPPAA and COBRA: How Recent Developments and Impending Changes Increase Your Liability Exposure and What You Can Do to Protect Your Organization,” Council on Education in Management Personnel Law Update, 1999
“Weighing the Costs and Benefits of Employee Stock Ownership Plans,” Family Business Succession Planning, 1999
“Revising the Rules for Health Plans: Proposed Changes to Claims and Appeals, Summary Plan Descriptions, and Health Plan Liability,” Recent Developments in Executive Compensation and Employee Benefit Law, January 1999
“Health Plans: Eliminating the Limited Liability Exception,” February 1999
“The Federal Trade Commission Opines That the Fair Credit Reporting Act Applies to Investigations of Harassment Performed by Third Parties,” SRZ Client Alert, May 1999 (co-author)
“Women’s Health and Cancer Rights,” SRZ Client Alert, December 1999 (co-author)
“The Supreme Court Broadens Disability Law Protections,” SRZ Client Alert, July 1998 (co-author)
“U.S. Supreme Court Expands Liability, Establishes Standards for Workplace Sexual Harassment Claims,” SRZ Client Alert, July 1998 (coauthor)
“Age Discrimination Releases: Employer Protection or Empty Promises,” International Legal Strategy: Legal Risk Management for Japan Business Executives, October 1998
“Post Employment Covenants Not to Compete,” Current Issues in Employment Law, December 1998
“U.S. Department of Labor Sues Time Warner for Misclassifying Employees: Are You Next?,” SRZ Client Alert, December 1998 (co-author)
“Prohibited Transactions Review and Update,” Employee Benefit Issues: The Multiemployer Perspective 1995 (International Foundation of Employee Benefit Plans) 1996
“ERISA: Fear and Loathing,” The Metropolitan Corporate Counsel, July 1996
“Technology and Employee Benefit Plans: New Legal Issues,” Employee Benefit Issues-The Multiemployer Perspective 1994 (International Foundation of Employee Benefit Plans) 1995
“Employee Benefit Plans and Arbitration,” Employee Benefits Journal, September 1995
“Employment Problems of Japanese Companies in the United States of America,” International Legal Strategy: Legal Risk Management for Japan Business Executives, March 1995
“Problems with Japanese Employment Practices in the United States,” December 1994
“Arbitrating Employment Disputes,” The Metropolitan Corporate Counsel, November 1994
“Special Issues for Multiemployer Plans,” Employee Benefits Today: Concepts and Methods (International Foundation of Employee Benefit Plans) 1989
“Innovation and Trends in Employee Benefits,” Employee Benefits Annual 1987: Proceedings of the Annual Employee Benefit Conference (International Foundation of Employee Benefit Plans) 1988
“Employee Benefits: New Developments in Firm Matters,” Chadbourne & Parke, 1987
Trustees Handbook (1987)
More
Selected Speaking Engagements
“Mobility of Investment Management Professionals and Executives,” SRZ 21st Annual Private Investment Funds Seminar, New York, January 2012
“Stock Drop Litigation: Are We Done Yet?” National CLE Conference, Snowmass, CO, January 2012
“The Last Case Standing: What Every Non-ERISA Litigator Should Know About ERISA Stock-Drop Cases,” Federal Bar Council ERISA Litigation, New York, December 2011
“Restrictive Covenant Issues for Investment Managers,” SRZ Conference, New York, November 2011
“Crisis Management: Handling Government Investigations,” SRZ 20th Annual Private Investment Funds Seminar, New York, January 2011
“401(k) Stock Drop Case Litigation,” National CLE Conference, Vail, CO, January 2011
“Plan Mergers In Troubled Economic Times,” International Foundation of Employee Benefits Plans 56th U.S. Annual Employee Benefits Conference, Honolulu, HI, November 2010
“Social Networking in the Legal World, The Good, Bad, and The Ugly,” The Computer Forensic Show, New York, April 2010
“Practical Implications of Legal Issues,” Cornell University Pension Protection Act: Issues and Challenges in Collective Bargaining, New York, April 2010
“Recent Trends in ERISA 401(k) Stock Drop Litigation,” LEI's 27th National CLE Conference, Employee Benefits Program, Vail, CO, January 2010
“Recent Trends in ERISA 401(k) Stock Drop Litigation,” LEI's 26th National CLE Conference, Employee Benefits Program, Vail, CO, January 2009
“ERISA Fiduciary Issues-401(k) fees and 404 (c),” LEI's 25th National CLE Conference, Employee Benefits Program, Vail, CO, January 2008
“PBGC: What Does the Future Hold?,” National CLE Conference on Employee Benefits, 2006
“The Pension Protection Act of 2006’s Impact on Multiemployer Plans,” UNITE HERE, 2006
“ERISA Statute of Limitations – When Is It Too Late?,” 2005 National CLE Conference Employee Benefits Law, Snowmass, CO, January 2005
“Current Developments in Employment Law,” New York, May 2004
“Plan Sponsor or Fiduciary: The Multiemployer Perspective,” NYU Center for Labor and Employment Law, New York, May 2004
“The Decline in Pension Assets: The Rise in Litigation,” New York, April 2003
“Lift-Outs: Offense and Defense,” Asset Management Acquisitions and Lift-Outs, New York, April 2002
“Investment Management Employees and Non-Competition Issues,” Private Investment Seminar, New York, January 2002
“Romance in the Workplace: Should Employers Be the ‘Love Police’?,” Privacy Issues in the Workplace: The Impact of Technology, New York, April 2001
“Fiduciary Responsibility and Prohibited Transactions under ERISA,” 2001
National CLE Conference Employee Benefits Law, Vail, CO, January 2001
“Current Litigation in Defined Contribution Plans,” Investment Management Institute, Amelia Island, SC, March 2000
“Fiduciary Responsibility,” Defined Contribution Forum, Investment Management Institute, 2000
“Non-Compete Agreement: Enforceability in the Information Age,” Employment Law: Current Issues and Trends, Schulte Roth & Zabel LLP, 2000
“D.C. Plans – Fiduciary Problems Will Follow the Money,” Public Funds Defined Contribution Roundtable: A Commitment to Education, Choice and Care Investment Management Institute, 2000
“Litigation in Defined Contribution Plans – It Will Come,” Investment Management Institute, San Francisco, December 1999
“Weighing the Costs and Benefits of Employee Stock Ownership Plans,” American Conference Institute, Family Business Succession Planning, New York, October 1999
“United States Investment Initiatives,” Heartland Labor Capital Conference, Washington, D.C., April 1999
“Education on Federal and State Policy Initiatives,” Heartland Labor Capital Conference Response Panel, 1999
“Revising the Rules for Health Plans: Proposed Changes to Claims and Appeals, Summary Plan Descriptions, and Health Plan Liability,” American Corporate Counsel Association, New York, January 1999
“Managed Healthcare Organization: ERISA Update, Capitalizing on a Market in Transition,” Association of Managed Healthcare Organizations, 1998
“Harassment and Discrimination in the Workplace,” Management Awareness Training, Schulte Roth & Zabel LLP, 1998
“Eliminating the Limited Liability Exception,” Association of Managed Healthcare Organizations, Washington, D.C., October 1998
“Employment Law: Japan & United States,” Tokyo, 1996
“Update on Prohibited Transactions, International Foundation of Employee Benefit Plans,” Honolulu, HI, November 1995
“Issues Arising Under the Taft Hartley Act,” American Forest Products Association, NC, October 1995
“Family Medical Leave Act and American Disabilities Act Update,” American Forest & Paper Association, April 1995
“Employment Law Issues for Japanese Employers in the United States,” Tokyo, 1995
“Arbitrating Employment Disputes,” Chadbourne & Parke, 1995
More
Memberships
CPR Employment Dispute Committee of the CPR Institute for Dispute Resolution Fellow of the American College of Employee Benefits Counsel Board of Directors of the Lawyers Alliance for New York (former)
Other Distinctions
The Best Lawyers in America New York Super Lawyers
Bar Admissions
Court Admissions
- U.S. Supreme Court 1984
- U.S. Court of Appeals, First Circuit 1984
- U.S. Court of Appeals, Second Circuit 1984
- U.S. Court of Appeals, Third Circuit 1984
- U.S. Court of Appeals, Ninth Circuit 1984
- U.S. District Court, Northern District of New York 1982
- U.S. District Court, Southern District of New York 1982
- U.S. District Court, Eastern District of New York 1982
- U.S. District Court, Western District of New York 1982
Education
-
Columbia Law School, J.D., 1981
- Harlan Fiske Stone Scholar
- Emil Schlesinger Labor Law Prize
-
Cornell University, B.S., 1978
Prior Experience
Co-chair, Employment & ERISA Department, Chadbourne & Parke LLP
Academic Adjunct Professor, New York University School of Continuing Education Certified Employee Benefits Specialist Program, 1985-1990
|
|