Ronald E. Richman is co-head of the Employment & Employee Benefits Group. 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 “Employment Litigation; Claims Against Employees” at NYU's 16th Annual Employment Law Workshop for Federal Judges. 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.

Publications

Articles and Books

“2 New Cases Highlight Scrutiny of University Retirement Plans,” Law360, June 15, 2017 (co-author)

New Requirements for Independent Contractor Agreements in New York City,” Westlaw Journal – Employment, June 6, 2017

“Private Equity Guide 2017 — USA,” The International Comparative Legal Guide to: Private Equity 2017 (Global Legal Group) (contributor)

“Update on the New Federal Overtime Regulations and the New York Minimum Wage,” Westlaw Journal – Employment, July 6, 2016 (co-author)

“Federal Court Finds Private Equity Funds Liable for Pension Liabilities of Portfolio Company,” Pratt's Journal of Bankruptcy Law, June 2016 (co-author)

“New York City Commission on Human Rights Issues Enforcement Guidance on Fair Chance Act and Clarifies Credit Check Law Exemption,” Benefits Law Journal, Spring 2016 (co-author)

“Recent Labor Department Actions Target Independent Contractor Misclassification, Overtime,” Westlaw Journal – Employment, Sept. 15, 2015 (co-author)

“Now We Know How NYC’s Credit Check Ban Will Be Interpreted,” Law360, Sept. 4, 2015 (co-author)

“2nd Circuit Adopts New ‘Primary Beneficiary’ Test for Determining if Unpaid Interns are Employees,” Westlaw Journal – Employment, Aug. 18, 2015 (co-author)

“Multiemployer 401(k) Plan Nondiscrimination Testing,” Bloomberg BNA – Benefits Practice Resource Center, June 8, 2015 (co-author)

“NYC Employers Should Check Themselves Before Employees,” Law360, May 22, 2015 (co-author)

“New York State Eliminates Annual Wage Notice,” Westlaw Journal – Employment, March 3, 2015 (co-author)

“ERISA Presumption of Prudence in ‘Stock Drop’ Cases Rejected,” New York Law Journal, July 23, 2014

“The Benefit of Whose Bargain? Courts Grapple with Administrative Expense Priority for Postpetition Withdrawal Liability Claims,” Norton Journal of Bankruptcy Law and Practice, Vol. 21, No. 4 (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)

“Tips on Complying with U.S. Department of Labor Fee Disclosure Rules,” Human Resources 2008, Summer Edition

“The Current Protections of the Friendship Treaty Against Title VII,” International Legal Strategy: Legal Risk Management for Japan Business Executives, April 2000

“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

“Health Plans: Eliminating the Limited Liability Exception,” February 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

“Post Employment Covenants Not to Compete,” Current Issues in Employment Law, December 1998

“Age Discrimination Releases: Employer Protection or Empty Promises,” International Legal Strategy: Legal Risk Management for Japan Business Executives, October 1998

“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)

SRZ Publications

University Retirement Plans Under Scrutiny for Excessive Fees,” SRZ Client Alert, June 6, 2017 (co-author)

New Requirements for Independent Contractor Agreements in New York City,” SRZ Client Alert, May 12, 2017 (co-author)

“New York City to Ban Employer Inquiries and Reliance on Salary History,” SRZ Client Alert, April 7, 2017 (co-author)

“SEC Whistleblower Update: New Enforcement Actions for ‘Chilling’ Language in Severance Agreements,” SRZ Client Alert, Dec. 22, 2016 (co-author)

“Texas Court Blocks New Federal Overtime Rule,” SRZ Client Alert, Nov. 23, 2016 (co-author)

“California Passes Legislation Limiting Enforceability of Forum Selection and Choice of Law Provisions in Employment Contracts,” SRZ Client Alert, Oct. 14, 2016 (co-author)

“Update on the New Federal Overtime Regulations and the New York Minimum Wage,” SRZ Client Alert, May 27, 2016 (co-author)

“Congress Passes the Defend Trade Secrets Act of 2016,” SRZ Client Alert, May 2, 2016 (co-author) 

“Federal Court Finds Private Equity Funds Liable for Pension Liabilities of Portfolio Company,” SRZ Client Alert, April 8, 2016 (co-author)

SRZ Pension and Health Plans: 2015 Year-End Review, February 2016 (co-author)

SRZ Employment Law Update: 2015 Year-End Review, January 2016 (co-author)

“New York City Commission on Human Rights Issues Enforcement Guidance on Fair Chance Act and Clarifies Credit Check Law Exemption,” SRZ Client Alert, Nov. 11, 2015 (co-author)

“New York City Commission on Human Rights Issues Enforcement Guidance on Credit History Law,” SRZ Client Alert, Sept. 3, 2015 (co-author)

“Recent Department of Labor Actions Seek to Limit Independent Contractor Misclassification and Raise the Salary Requirements for Overtime Exemption,” SRZ Client Alert, Aug. 7, 2015 (co-author)

“Second Circuit Adopts New ‘Primary Beneficiary Test’ for Determining Whether Unpaid Interns Are Employees,” SRZ Client Alert, July 27, 2015 (co-author)

“New York City to Ban Employer Pre-Offer Inquiries About Applicant Criminal Records,” SRZ Client Alert, July 2, 2015 (co-author)

“NLRB’s Office of the General Counsel Addresses Employee Handbook Policies,” SRZ Client Alert, May 12, 2015 (co-author)

“New York City to Restrict Employers’ Use of Credit History in Employment Decisions,” SRZ Client Alert, April 30, 2015 (co-author)

SRZ Employment & Employee Benefits Developments:New Health Care Compliance Considerations for Employers in 2015, January 2015 (co-author)

“New York State Eliminates Annual Wage Notice,” SRZ Client Alert, Jan. 22, 2015 (co-author)

“Update on New York City’s Paid Sick Leave Law,” SRZ Client Alert, April 11, 2014 (co-author)

“2014 Employment Law Updates for New York Employers,” SRZ Client Alert, Jan. 31, 2014 (co-author)

“Accommodations for Disabilities Under the New York City Human Rights Law,” SRZ Client Alert, Nov. 26, 2013 (co-author)

“Recent Employment Law Updates for New York Employers,” SRZ Client Alert, Oct. 24, 2013 (co-author)

SRZ Employment & Employee Benefits Developments: Health Care Compliance Burdens Continue to Weigh on Employers, Fall 2013 (co-author)

“ERISA Liabilities of Private Equity Funds: First Circuit Addresses Control Group Liability,” SRZ Client Alert, Aug. 2, 2013 (co-author)

“Supreme Court’s DOMA Decision Sparks Changes in Employee Benefits,” SRZ Client Alert, July 16, 2013 (co-author)

“New York State Minimum Wage Increases and New York City’s Paid Sick Days Requirements,” SRZ Client Alert, May 14, 2013 (co-author)

“Unemployed Persons: A New Protected Class in NYC,” SRZ Client Alert, April 4, 2013 (co-author)

“New Poster and Forms for US Employers,” SRZ Client Alert, March 19, 2013 (co-author)

“IRS Broadens Program for Re-Classification of Independent Contractors as Employees,” SRZ Client Alert, Jan. 14, 2013 (co-author)

SRZ Employment & Employee Benefits Developments: 2012 Year-End Reminders for Pension Plan Sponsors, December 2012 (co-author)

“New Requirements for Employers’ Background Checks and Social Security Number Usage,” SRZ Client Alert, Dec. 3, 2012 (co-author)

“What Do Retirement Plan Sponsors Have to Do Now that the ERISA 408(b)(2) Fee Disclosure Deadline Has Come and Gone?,” SRZ Client Alert, July 2012 (co-author)

“EEOC Issues New Guidance Regarding Applicants and Employees with Criminal Records,” SRZ Client Alert, June 12, 2012 (co-author)

SRZ Employment & Employee Benefits Developments: Special Healthcare Reform Issue, Winter 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

“The New York City Indoor Smoke-Free Air Act of 2002,” SRZ Client Alert, March 2003 (co-author)

“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 (co-author)

“New York State Amends Anti-Discrimination Laws To Require Religious Accommodations,” SRZ Client Alert, January 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)

“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)

“Women’s Health and Cancer Rights,” SRZ Client Alert, December 1999 (co-author)

“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)

“U.S. Department of Labor Sues Time Warner for Misclassifying Employees: Are You Next?,” SRZ Client Alert, December 1998 (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 (co-author)

Speaking Engagements

“Recent and Upcoming Legal Developments Affecting Employers,” SRZ 26th Annual Private Investment Funds Seminar, New York, January 2017

“PBGC vs. The Courts” and “Controlled Group Liability,” National CLE Conference, Snowmass, Colo., January 2017

SRZ Employment & Employee Benefits Luncheon for Investment Managers, New York, June 2016

“Withdrawal Liability Estimates: Caveat Emptor and Deference to the PBGC: What Do the Courts Really Think?,” National CLE Conference, Vail, Colo., January 2016

SRZ Employment & Employee Benefits Luncheon for Investment Managers, New York, June 2015

“ERISA: From No Plan Assets to Managing Plan Assets,” SRZ 24th Annual Private Investment Funds Seminar, New York, January 2015

“Impact and Future Implications as a Result of the Dudenhoeffer Case,” National CLE Conference, Vail, Colo., January 2015

“Understanding Pension Plan Liabilities,” SRZ 3rd Annual Distressed Investing Conference, New York, November 2014

SRZ Employment & Employee Benefits Luncheon for Investment Managers, New York, May 2014

Moderator, “Electronic Discovery” and “Empirical and Experimental Evidence of Discrimination,” 17th Annual NYU Workshop on Employment Law for Federal Judges (co-sponsored by the Federal Judicial Center and NYU’s Opperman Institute of Judicial Administration and Center for Labor and Employment Law), New York, March 2014

“Labor, Employment and Benefits Legal Issues When Buying and Selling Companies,” PLI Webinar, March 2014

“Sun Capital: What Happens Next,” National CLE Conference, Vail, Colo., January 2014

“Employee Mobility Issues,” MFA General Counsel Forum, New York, December 2013

SRZ Employment & Employee Benefits Luncheon for Investment Managers, New York, December 2013

“Private Equity Sponsors and Organized Labor: Friends or Foes?,” SRZ 2nd Annual Distressed Investing Conference, New York, November 2013

“Mergers of Defined Benefit Plans,” IFEBP 59th U.S. Annual Employee Benefits Conference, Las Vegas, October 2013

SRZ Employment & Employee Benefits Luncheon for Investment Managers, New York, June 2013

“Employment Litigation; Claims Against Employees,” NYU 16th Annual Employment Law Workshop for Federal Judges, New York, March 2013

“Sponsors and Their Portfolio Companies in Distressed Situations,” SRZ 22nd Annual Private Investment Funds Seminar, New York, January 2013

"Stock Drop Litigation: I Don't Think We're Done Yet," National CLE Conference, Snowmass, Colo., January 2013

“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, Colo., 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, Colo., January 2011

“Plan Mergers In Troubled Economic Times,” International Foundation of Employee Benefits Plans 56th U.S. Annual Employee Benefits Conference, Honolulu, 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, Colo., January 2010

“Recent Trends in ERISA 401(k) Stock Drop Litigation,” LEI's 26th National CLE Conference, Employee Benefits Program, Vail, Colo., January 2009

“ERISA Fiduciary Issues-401(k) fees and 404 (c),” LEI's 25th National CLE Conference, Employee Benefits Program, Vail, Colo., 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, Colo., 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, Colo., January 2001

“Current Litigation in Defined Contribution Plans,” Investment Management Institute, Amelia Island, S.C., 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, November 1995

“Issues Arising Under the Taft Hartley Act,” American Forest Products Association, N.C., 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

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)

Distinctions

  • The Best Lawyers in America
  • Lawyers Alliance for New York 15 Year Circle Honoree
  • New York Super Lawyers

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