An advocate and litigator, Rich Schoenstein has more than 25 years of experience handling business and employment disputes, through trials and appeals, arbitration and mediation, and internal and external investigations. Rich has represented clients from individuals to 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 experience is diverse and extensive, with a focus on the following areas:
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 and others, and insurance and reinsurance controversies. Rich practices in State and Federal Courts throughout the Country, with considerable experience in the New York State Supreme Court – Commercial Division, and the United States District Courts for the Southern and Eastern Districts of New York, as well as ADR venues such as JAMS and the American Arbitration Association. Rich is a trial lawyer and, when necessary, does not hesitate to take matters to verdict by a judge, jury or arbitrator.
Employee Mobility and Other Employment Matters
Throughout his career, Rich has handled conflicts involving restrictive covenants, potential breaches of employee fiduciary duties and/or the alleged misappropriation of trade secrets and other confidential information. Rich has represented clients in connection with high-profile relocations between companies such as IBM and Intel, Dannon and Chobani, Allergan and Nestle, Verizon and Telx, and BlackRock and Drake Management LLC. He has worked frequently in connection with the relocation of financial advisors and other financial services professionals, and in connection with law firm partnership and partner mobility matters.
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 arbitrations, to securities matters pursued in the State courts, to class actions and multi-district litigation involving prominent controversies such as market timing and late trading, auction rate securities, limited partnership sales, and foreign exchange benchmarking.
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, 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)
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.
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.”
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.