Overview

About David S. Rich

David S. Rich is the founding member of the Law Offices of David S. Rich, LLC. Mr. Rich litigates civil, commercial, employment, and securities matters in federal and state courts in New York and New Jersey, and arbitrates such matters before FINRA and other arbitral bodies. Mr. Rich also litigates appeals.

Mr. Rich has represented clients in, among other civil and commercial matters, breach of contract actions, business torts cases, bankruptcy and adversary proceedings, civil racketeering actions, oppressed minority shareholder disputes, product liability litigation, franchisor-franchisee litigation, qui tam actions, divorce actions and post-divorce judgment proceedings.

Mr. Rich has represented clients in, among other among other labor, employment, and employee benefits matters, breach of employment contract actions, employment discrimination cases, retaliatory discharge actions, sexual harassment cases, actions for breach of non-competition or non-solicitation agreements, ERISA actions to recover pension or health benefits, and employee benefit funds' actions to recover withdrawal liability payments and delinquent ERISA contributions.

Mr. Rich has represented clients in, among other securities matters, securities fraud cases, breach of fiduciary duty actions, actions for breach of investment management contracts, and arbitration proceedings to recover unpaid bonuses.

Before founding Law Offices of David S. Rich, LLC, Mr. Rich was a partner of a boutique litigation firm in New York City. Mr. Rich has also served as an associate of two prominent, mid-sized law firms in New York City and New Jersey, respectively. Mr. Rich has litigated many noteworthy cases, such as JLM Chems., Inc. v. Summit Resource Group, Inc., No. 08-CV-10296, 2009 WL 1108662 (S.D.N.Y. Apr. 24, 2009); Barron Partners, LP v. Lab123, Inc., No. 07-CV-11135, 2009 WL 129043 (S.D.N.Y. Jan. 20, 2009); Barron Partners, LP v. Lab123, Inc., No. 07-CV-11135, 2008 WL 2902187 (S.D.N.Y. July 25, 2008); Pastore v. Witco Corporation Severance Plan, 196 Fed.Appx. 18, 2006 WL 2335161 (2d Cir. 2006); and Donohue v. Teamsters Local 282 Welfare, Pension, Annuity, Job Training & Vacation & Sick Leave Trust Funds, 12 F. Supp.2d 273 (E.D.N.Y. 1998).

Mr. Rich earned his Juris Doctor Degree from the Columbia University School of Law. He earned his Bachelor of Arts Degree with Honors in English from the University of Pennsylvania, where he was a Benjamin Franklin Scholar. Mr. Rich is admitted to practice in New York, New Jersey, and the District of Columbia, and in the U.S. District Courts for the Southern and Eastern Districts of New York and for the District of New Jersey. He is a member of the New York City Bar Association.

Practice Areas
Professional Experience
ExperienceYears
Partner, Lax & Neville, LLP2008-2009
Associate, Tarter Krinsky & Drogin LLP2005-2007
Associate, Hellring Lindeman Goldstein & Siegal LLP2001-2005
Motions Law Clerk, United States Court of Appeals for the Second Circuit1995-1996
Law Clerk, The Hon. Michael W. Farrell, District of Columbia Court of Appeals1994-1995
Education
SchoolFocusDegreeYear
Columbia University School of Law - Columbia UniversityJ.D.1994
University of PennsylvaniaEnglishB.A.1991
Honors: Honors in English; Benjamin Franklin Scholar.
Websites
Social Network Profiles
Jurisdictions
LocationYear Admitted
New York1995
District of Columbia1997
New Jersey2000
Professional Affiliations
PositionYears
Member, New York City Bar Association1998-Current

Publications

Publications
TitlePublisherPublished
Terminated Investment Bankers and Financial Services Employees May Be Entitled to Recover Their Unpaid Bonuses, Despite Employment-Related Documents Which Render Such Bonuses 'Discretionary' or Which Restrict Bonuses to Active EmployeesAmerican Academy of Financial Management Global Online JournalApril, 2009
Excerpt from article: "[D]ischarged workers should know they may be entitled to full or pro rata bonuses for a prior year or years' employment, even where the written employment contract, the employee handbook, the written bonus plan, or other employment-related documents contain language purporting to afford the employer 'discretion' in determining bonuses. Many arbitral awards and court decisions have interpreted written terms giving the employer 'discretion' or the like in deciding upon bonuses as meaning only that the employer has the limited discretion to decide the reasonable amount of such bonus. Employees should also be aware that their unpaid bonuses are not barred by employment-related documents purporting to require that a worker be employed by the firm at year-end or when bonuses are ultimately distributed in order to be entitled to such a bonus."
Terminated Employees in the Investment Banking and Financial Services Industries May Be Entitled to Recover Their Unpaid BonusesAmerican Academy of Financial Management Global Online JournalOctober, 2008
Summary: Under New York law, a terminated employee may pursue, among other claims, causes of action for breach of express and implied contract, quantum meruit, and violation of Article 6 of the New York Labor Law against his or her employer for failing to compensate the employee for bonuses owed to him or her, even where no agreement to pay bonuses is set forth in writing. Such unpaid bonuses may be particularly large for highly paid professionals on Wall Street, who customarily are paid a significant percentage of their annual compensation after the end of the year in which the professionals' investment banking services or other financial services were rendered.

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Contact & Map

Law Offices of David S. Rich, LLC
12 First Street
Englewood Cliffs, NJ, US 07632
 
Telephone: +1 (201) 592-7200
Fax: +1 (201) 592-7201
Law Offices of David S. Rich, LLC
708 Third Avenue
6th Floor
New York, NY, US 10017
 
Telephone: +1 (212) 209--3972
Fax: +1 (212) 209-7100