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Richard I. Scharlat

Member

As a seasoned trial lawyer and legal adviser with more than 25 years of experience, Richard Scharlat leads teams that counsel employers on litigation avoidance and represent management in employment-related disputes involving: wrongful termination, unfair competition, restrictive covenants, whistleblowers, employee poaching/raising, discrimination, unfair competition, wage and hour laws, employment contracts, and executive compensation.

Richard first-chairs jury and bench trials in federal and state courts and has argued before the New Jersey Supreme Court.  Richard represents clients in arbitral forums including: the American Arbitration Association (AAA), JAMS/Endispute, CPR Institute for Dispute Resolution, The American Health Law Association (AHLA), and FINRA. Richard also represents litigants before Beth Din Tribunals (Batei Din-Jewish Rabbinical Courts} and also regularly appears before the New Jersey Department of Labor and the New York Division of Human Rights.

Richard maintains a particular focus on the healthcare industry and has deep knowledge of employment and litigation issues related to skilled nursing facilities (SNFs), assisted living operations, home healthcare providers, day care centers, and behavioral health professionals.  He is a former member of the Legal Committee of the American Health Care Association/National Center for Assisted Living (AHCA/NCAL}), the nation’s largest association of long-term care (LTC) and post-acute healthcare providers.

Richard also has extensive experience handling complex commercial litigations in courts throughout the country in a variety of industries, including: e-commerce, insurance, and hospitality.

In law school, Richard served as the Managing Notes and Comments Editor for the Rutgers Computer and Technology Law Journal and was a member of the Order of the Barristers, an honor society for United States law school graduates who demonstrate exceptional skill in trial advocacy, oral advocacy, and brief writing. As an undergraduate at Yeshiva University, Richard was a Samuel Belkin Scholar.

Education

J.D., Rutgers University School of Law, Newark, New Jersey, 1994
B.A., cum laude, Yeshiva University, 1990

Recognitions

  • Selected to the “Notable Practitioner” list in the Legally Israel 100 by Israel Desks (2022-2023)
  • Selected to the list of “Labor & Employment Stars” in New York by Benchmark Litigation (2021-2022)
  • Selected to the Legal 500 US list for Labor & Employment Disputes (2020)

Memberships

  • American Health Care Association, legal committee (Past)
  •  Yeshivat Sha’alvim, Member of Executive Board of Directors
  • District Ethics Committee VC of the Supreme Court of New Jersey, Essex County, former secretary
  • New Jersey Bar Association
  • Association of the Federal Bar of New Jersey

Languages

English, Hebrew

State Bar Licenses

New York, New Jersey

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
U.S. District Ct., District of New Jersey
U.S. District Ct., S.D. of New York
U.S. District Ct., E.D. of New York
U.S. District Ct., N.D. of New York

Representative Matters

  • Obtained an “anti-suit” injunction in the New York Supreme Court, preventing parallel, duplicative litigation in the New Jersey Supreme Court against commercial insurance brokers.
  • Defended regional respiratory and nursing center in New Jersey Superior Court in employment litigation filed under the New Jersey Law Against Discrimination. Succeeded in having the case dismissed and sent to arbitration by moving for enforcement of the client’s employee arbitration agreement, which the firm drafted.
  • Argued before the New Jersey Supreme Court on the application of the ministerial exception to defamation claims against a religious institution.
  • Obtained finding of “no probable cause” before the New York State Division of Human Rights in defense of a complaint alleging retaliation and race and sexual orientation discrimination brought against a New York City daycare provider.
  • Defended international nonprofit corporation against ERISA breach of fiduciary duty and failure to monitor claims brought by the U.S. Department of Labor in connection with a health and welfare plan.
  • Represented a national owner/ operator of more than 100 skilled nursing facilities throughout the United States on litigation, employment and regulatory matters.
  • Directed global counseling initiatives on employment, licensing and data privacy matters for a global staffing company; managed and coordinated a 74-country survey of employment, contract and data privacy law.
  • Managed and coordinated counsel worldwide on employment, litigation and regulatory matters for a California-based multinational electronic commerce company; provided counsel and coordinated a global employment law solution in more than 30 countries.
  • Defended a northeastern U.S. food company against class and collective action alleging wage and hour violations of the Fair Labor Standards Act and New York labor law.
  • Revised global employment policies in 13 jurisdictions for a multinational real estate company.
  • Represented a New York rehabilitation facility in successfully resolving litigation related to claims of defamation, ERISA violations and breach of contract in connection with alleged insurance fraud.
  • Won appellate ruling that certain promotional activities were insufficient contacts for New Jersey courts to exercise jurisdiction over a claim against a luxury Mexico resort not arising from those contacts.
  • Reported Case: Wilson v. Paradise Village Beach Resort and Spa, et al.– complete defense victory by dismissal for lack of jurisdiction.
  • Obtained denial of class certification and dismissal of the matter in a JAMS arbitration on behalf of a southern California skilled nursing facility.
  • Represented a Bergen County, New Jersey, continuum of care facility and individual defendants facing claims for various federal and state wage and hour violations; obtained a denial of motion for class certification in the Superior Court of New Jersey.
  • Represented a southern California skilled nursing facility in a two-day arbitration of claims brought by a former assistant director of nursing for gender and pregnancy discrimination and intentional infliction of emotional distress; obtained a complete defense verdict and award of attorneys’ fees.
  • Defeated an organizing effort by the Service Employees International Union.

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