An advocate, a litigator and a trial lawyer, Rich Schoenstein has more than 25 years of experience handling business and employment disputes, trials and appeals, arbitration and mediation, and internal and external investigations. Rich has represented clients ranging from individuals to very large corporations and financial institutions, partnering with his clients to address their emerging business needs, and handling contested matters arising in numerous industries and substantive areas of law. His diverse and extensive experience includes:
General Commercial Litigation
Rich handles disputes involving all manner of commercial contracts, allegations of business torts such as fraud and breach of fiduciary duty, real estate and construction disputes, professional liability matters involving brokers, accountants, attorneys
Employee Mobility and Other Employment Matters
Rich regularly advises employers and employees alike on employment mobility
Securities and Financial Services Litigation
Rich is the co-head of Tarter Krinsky & Drogin’s Securities and Financial Services Litigation Group. In that regard, Rich has for years represented clients ranging from individual officers and directors to public companies and financial institutions. He has handled everything from individual customer complaints and FINRA
Reputation and Experience
Rich is well known and highly regarded in the legal community. His accolades include a listing by Super Lawyers, a rating of AV® Preeminet™ by Martindale Hubbell®, and a ranking as Superb by AVVO. In addition to litigating matters as an advocate, Rich is often called upon to serve as a mediator, as a member of the Commercial Division’s panel of neutrals in New York County, or privately retained.
Rich began his legal career and served as Litigation Counsel at Cahill Gordon & Reindel LLP, and he has been a partner at Paul Hastings LLP and Satterlee Stephens LLP.
General Commercial Litigation
Employee Mobility and Other Employment Matters
Securities and Financial Services
Quote I live by:
“Whenever you got business trouble the best thing to do is to get a lawyer. Then you got more trouble, but at least you got a lawyer.” Chico Marx (At the Circus)
Intellectual Property Counsel Rachel Lin joined Litigation partner and host Rich Schoenstein to discuss Patenting Natural Ingredients on the latest episode of Law Brief. Rachel and Rich talk about the circumstances under which a patent might be obtained for products containing or based on natural ingredients. Listen to the episode.
Scott Markowitz, co-chair of the Bankruptcy and Corporate Restructuring Group, and Rich Schoenstein, host and Litigation partner, talk Bankruptcy Basics and Recent Developments on the latest episode of Law Brief.
Immigration partner Roxanne Levine joined Litigation partner and host Rich Schoenstein to discuss H-1B Visas – New Process and New (Upcoming) Deadlines in the latest episode of Law Brief, Tarter Krinsky & Drogin’s podcast series.
They chat about the new filing process for H-1B visas, which provide a nonimmigrant temporary visa category for certain foreign nationals that will be working in the United States. Roxanne and Rich also explain how the H-1B process has changed and the new preregistration period coming up in March.
In the latest episode of Law Brief, “Do Gift Cards Keep on Giving? How the Law Affects the Consumer, the Retailer and the State,” International and Retail partner Gina Piazza sat down with Litigation partner and host Rich Schoenstein to delve into all things gift cards.
Gina and Rich discuss whether and when gift cards expire, the related obligations of retailers and how unused balances might constitute “abandoned property” that must be turned over to the state.
Giuliano Iannaccone, chair of the International and Retail Groups and Rich Schoenstein, Litigation partner and podcast host, discuss The Concession Model in Department Stores on the latest episode of Law Brief. Giuliano and Rich talk about how retail brands and department stores are utilizing a concession model to attract shoppers, the benefits for both the brands and the stores entering into concession agreements and the legal challenges associated with such a model.
On this week’s episode of Law Brief, “Here Comes the SEC,” Litigation and Corporate & Securities partner Robert Heim joins Litigation partner and host Rich Schoenstein to discuss the Security and Exchange Commission (SEC). With his experience as a former Assistant Regional Director for the SEC, Robert Heim offers unique insight into the financial regulatory agency. Robert and Rich explain how an SEC investigation works and how a person involved as a witness or target might respond to such an investigation.
Construction partner Laurie Stanziale and Litigation partner and host Rich Schoenstein discuss Construction and the Neighbors in the latest episode of Law Brief, Tarter Krinsky & Drogin’s podcast series. Laurie and Rich talk about what to do when construction projects require access to neighboring property, negotiating agreements in that regard or, if necessary, resolving related disputes in court.
In this special episode of Law Brief, Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction, Restrictive Covenant co-chair and Labor & Employment partner David Kleinman and Litigation partner and host Rich Schoenstein discuss the Workforce Mobility Act, a new bill introduced in Congress that would ban the use of non-competes to restrain workers from taking new jobs. Rich and David survey the existing judicial landscape in this area and argue that the overreaching bill fails to make important distinctions that should be considered in evaluating restrictive covenants.
In the latest episode of Law Brief, Tarter Krinsky & Drogin’s podcast series, Charles Miller, Litigation partner and Securities and Financial Services Litigation Group co-chair sat down with Litigation partner and host Rich Schoenstein to discuss Unveiling the Corporate Veil. In this episode, Charles and Rich talk about holding owners of corporations responsible for the corporate wrongs of the corporation, focusing on the essential elements of a successful claim to pierce the corporate veil.
Intellectual Property co-chair Amy Goldsmith joined Litigation partner and host Rich Schoenstein to discuss trade secrets and disclosing confidential information during a two-episode discussion on Law Brief, Tarter Krinsky & Drogin’s new podcast series.
In the first of the two-part discussion, The Secrets of Trade Secrets, Amy and Rich talk about identifying and protecting trade secrets and confidential information. This part is focused on statutorily protected trade secrets – what they are and how to keep them private.
The second episode of the discussion, Confidential Information Disclosed, delves into defining and protecting trade secrets and confidential information, with an emphasis in this part on the latter, broader category, and what steps a company must take to protect its confidential information.
In a recent episode of Law Brief, Tarter Krinsky & Drogin’s new podcast series, Labor and Employment chair Laurent Drogin joins Litigation partner and host Rich Schoenstein to talk about Deflating the Union Rat. Laurent and Rich discuss “Scabby” the Union Rat, the use of such protests by unions over the past 30 years and the current implications on labor disputes, picketing and the First Amendment.
In the latest episode of Law Brief, Tarter Krinsky & Drogin’s recently released podcast series, Intellectual Property partner Mark Rosenberg joins Litigation partner and host Rich Schoenstein to discuss Amazon’s Pilot Program for Patent Disputes. Mark and Rich talk about Amazon’s new pilot program to arbitrate patent disputes involving sellers on its platform, and the potential impact on the sellers, the patent owners and Amazon itself.
Bloomberg Law Big Law Business reported on Tarter Krinsky & Drogin’s recently released podcast series, “Law Brief.” The series, hosted by Litigation partner and Securities and Financial Services Litigation co-chair Rich Schoenstein, features firm lawyers discussing how current issues in their practice areas affect business.
Tarter Krinsky & Drogin is pleased to announce the launch of a podcast that will cover cutting-edge and ever-changing legal issues and how they affect our businesses in a practical way. The podcast, called “Law Brief,” is hosted by Litigation partner Rich Schoenstein, and features other Tarter Krinsky & Drogin lawyers who will highlight current issues in their practice areas.
Law Brief provides short discussions of current legal issues of interest, designed for non-experts on the go. The conversations are informal but informative, short but deep, and intended to expose all sides of the issues.
Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2019 New York Super Lawyers and Rising Stars lists, a rise in Tarter Krinsky & Drogin attorneys awarded as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.
Thirty lawyers from Tarter Krinsky & Drogin have been named to the 2018 New York Super Lawyers and Rising Stars lists as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations
This year, 28 lawyers from Tarter Krinsky & Drogin have been named to the 2017 New York Super Lawyers and Rising Stars lists as top lawyers in the state. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Attorneys are selected through a process that includes independent research, peer nominations and peer evaluations.
Four Tarter Krinsky & Drogin attorneys were ranked on the Rising Stars list, which recognizes the top 2.5 percent of lawyers who either are under the age of 40 or have been in practice for 10 years or less.
New York Metro Super Lawyers has named 21 Tarter Krinsky & Drogin lawyers in 10 practices to its 2016 list.
Tarter Krinsky & Drogin LLP is pleased to welcome Richard C. Schoenstein as a Partner in the Labor and Employment and Litigation Practices.
On October 2, David Kleinmann, Restrictive Covenant co-chair and Labor & Employment partner and Rich Schoenstein, Securities & Financial Services Litigation co-chair and Litigation partner will present a Strafford CLE webinar on, “Recovering Damages for Breach of Covenants Not to Compete or Solicit, Confidentiality and Fiduciary Duty.”
This CLE webinar will guide employment counsel for proving damages after a current or former employee breaches a covenant not to compete with the employer, solicits the employer's employees or customers or discloses the employer's trade secrets or other confidential information.
On August 8-10, Securities and Financial Services Litigation co-chair Rich Schoenstein and Litigation partner Richard Williamson will teach several courses at the National Institute for Trial Advocacy’s 2019 Northeast Regional Basic Trial Skills program at Hofstra University School of Law. During the interactive courses, Rich and Richard will cover various topics, including trial advocacy and opening and closing statements. In addition, Rich and Richard will serve as mock judges so participants can experience trying a case from start to finish.
On July 18, Intellectual Property co-chair Amy Goldsmith and Litigation Partner and co-chair of Securities and Financial Services Litigation Group Rich Schoenstein will present a National Law Institute CLE program, which will be hosted at Tarter Krinsky & Drogin’s office at 1350 Broadway in New York City.
Tarter Krinsky & Drogin is pleased to announce the launch of its CLE program series, open to attorneys, clients and others interested in the topics. The programs, which each cover various areas of the law, reflecting the full-service nature of the firm’s practice, will be held at TKD’s office at 1350 Broadway. Advance registration is required.
Employment Litigation partner Richard Schoenstein will once again teach a Strafford CLE webinar, “Recovering Damages for Breach of Covenants Not to Compete or Solicit, Confidentiality and Fiduciary Duty” on October 4. This program will guide employment litigators for proving damages after a current or former employee breaches a covenant not to compete with the employer, solicits the employer’s employees or customers, or discloses the employer’s trade secrets or other confidential information.
Richard Schoenstein will be a featured speaker at the Lawline webinar, “Securities Litigation: What You Need to Know About a Rising Tide and an Active Bench.” The webinar will address trends in the filing of securities class actions and will review legal developments impacting securities litigation.
On October 4, Employment Litigation partner Richard Schoenstein will serve as a panelist for the Strafford CLE webinar, "Proving Damages for Breach of Covenants Not to Compete or Solicit, Confidentiality and Fiduciary Duty: Pursuing Lost Profits, Clawback Compensation, Inducement Payments, Loss of Good Will and Other Damages.”
On August 15, Employment Litigation partner Richard Schoenstein will serve as a panelist for the CLE webinar, “Non-Compete Agreement Litigation Strategies: Leveraging Trial Techniques, Identifying Causes of Action, Preparing for Defense Theories and Counterclaims” for Strafford. For more information or to register, click here.
Employment Litigation partner Richard Schoenstein will be a panelist for The Knowledge Group’s webinar, “Restrictive Covenants and Non-Compete Agreements: Trends, Updates and Developments Explored.” The program will review legislative trends and court decisions involving restrictive covenants and non-compete agreements.
Richard Schoenstein will present for the Strafford webinar “Proving Damages for Breach of Covenants Not to Compete or Solicit, Confidentiality and Fiduciary Duty.”
Guidance and forms are now available for employers to use in documenting leave requests and complying with requirements under the new federal and state COVID-19 leave laws.
On March 18, 2020, New York State adopted new legislation providing employees subject to the Coronavirus (COVID-19) quarantine or isolation order with immediate sick leave, disability benefits and paid family leave. These benefits apply to employees who cannot work (including an inability to work remotely).
New York State Governor Andrew Cuomo announced that his Executive Order 202.6 requiring non-essential businesses to keep 50% of their workforce offsite has been updated to increase that number to 75%. This means that if your business is deemed non-essential, you may only have 25% of your workforce working in the office or "onsite" starting Friday, March 20.
Litigation partner Rich Schoenstein authored an article for the New York Law Journal’s special Litigation report titled, "The Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation.”
Non-compete agreements generally are disfavored in New York, but courts will enforce them if they are reasonable in time, geographic scope and are intended to protect a company's "legitimate protectable interest(s)" as opposed to being simply anti-competitive. One question that has never been clearly answered is whether an employer's termination of an employee "without cause" will render a non-compete agreement unenforceable. In this article, Labor & Employment Chair Laurent Drogin and partner David Kleinmann, who are the co-chairs of the firm’s Restrictive Covenant practice, and Litigation partner Rich Schoenstein explore a significant decision handed down by the appellate court covering Manhattan and the Bronx impacting the enforcement of restrictive covenants.
Business and Employment Litigation partner Richard Schoenstein and Labor partner and Restrictive Covenant practice co-chair David Kleinmann published an article, “Restrictive Covenants: Looking Beyond the Criticism,” for Law360.
In a recent decision in Buchanan Capital Markets LLC v. DeLucca, an appellate court in Manhattan placed the enforceability of non-compete agreements in jeopardy for New York employers.