Overview
Richard I. Scharlat has more than 20 years’ experience in employment litigation defending management across a broad range of industries, and in ERISA matters and class actions.
A seasoned trial lawyer, Richard has tried bench and jury cases in federal and state courts in many US jurisdictions, as well as arbitrations before FINRA and various arbitration panels. An accomplished management defense counselor, Richard leads teams in trade secret litigation, employee poaching/raiding cases, employment contract negotiations, executive compensation, restrictive covenant disputes and unfair competition matters. He regularly handles matters before the New York Division of Human Rights and the New Jersey Department of Labor.
Richard has a particularly deep background in healthcare employment issues and is a member of the Legal Committee of the American Health Care Association/National Center for Assisted Living (AHCA/NCAL), the largest association of long term and post-acute care providers, with over 14,000 member facilities.
Richard also leads and manages global employment projects for multinational companies all over the world. He formulates key employment policies, tackles recruiting challenges, solves licensing issues, develops corporate social responsibility initiatives and addresses data privacy concerns.
Richard is the founder of the McDermott Will & Emery/Rutgers Law School-Newark Minority Students Mentoring Program. The program connects RLN alumni from MWE and MWE clients around the world with current RLN minority students to give them access to the voice of experience related to succeeding in law school and the legal profession.
Richard was a Samuel Belkin Scholar while at Yeshiva University. While in law school, Richard served as the managing notes and comments editor for the Rutgers Computer and Technology Law Journal.
Results
- On behalf of a New Jersey-based chain of skilled nursing facilities, won pre-discovery Motion to Dismiss on claims for Medicare fraud and retaliatory termination under Section 3730(h) of the federal False Claims Act
- 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 US 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 US 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 at a healthcare facility in southern California*
*Matter handled prior to joining McDermott
Recognitions
- The Legal 500 US, Labor & Employment Disputes, 2020
- Benchmark Litigation Labor and Employment Star, 2021
Community
- American Health Care Association, legal committee
- American Friends of Am Yisrael Echad, member of board of directors
- 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
Credentials
Education
Rutgers University School of Law – Newark, JD, 1994
Yeshiva University, BA, cum laude, 1990
Yeshivat Sha’alvim, Israel, two-year program of study in Jewish law and ethics, 1985-87
Courts/Agencies
Supreme Court of the United States
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US District Court for the Central District of Illinois
US District Court for the District of Connecticut
US District Court for the District of New Jersey
US District Court for the Eastern District of New York
US District Court for the Northern District of New York
US District Court for the Southern District of New York
US District Court for the Western District of New York
Admissions
New Jersey
New York
Languages
English
Hebrew
