Contact:
E: richard.cohen@fisherbroyles.com
D: (212) 247-6122
M: (917) 576-7919
New York Office
Practice Areas:
Employment
Litigation – Appellate
Litigation – Civil Pretrial and Trial Services
Litigation & Risk Management
Mediation
Bar Admissions:
New York
U.S. Supreme Court
U.S. Court of Appeals, 2d Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 11th Circuit
U.S. District Court, Southern and Eastern Districts of New York
Education:
New York Law School; J.D., Cum Laude, 1977:
Law Review Associate Editor
Harpur College of the State University of New York at Binghamton, 1974
Large Law Firm Experience:
Fox Rothschild LLP
Spengler Carlson
Mr. Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.
Mr. Cohen has tried dozens of cases in both federal and state court, argued numerous appeals, and has conducted handled arbitrations and mediations before the American Arbitration Association, FINRA and other dispute resolution forums that have involved:
Complex corporate and business disputes;
Corporate shareholder and partnership disputes, and corporate derivative suits;
Employment related matters, including discrimination, harassment, restrictive covenants and business non-competes, and trade secret and confidential business information protection;
Broker-dealer and public investor stock exchange arbitrations; and
Intellectual property.
Mr. Cohen created and edited his former firm’s blog, “Employment Discrimination Report,” and posted over a thousand articles. The blog received the distinguished American Bar Association “Top 100 Law Blog Award for 2014.” Mr. was also a member of the 2010 Editorial Advisory Board of Employment Law360, and had one of his blog posts published as a chapter in the university text “Employers and the Law: 2013-14 Anthology of Best Articles” – a collection of articles penned by seasoned labor and employment law attorneys.
As can be seen below, Mr. Cohen is the go-to attorney for newspaper and online reporters around the globe, as well as symposium organizers, seeking interviews, comments and speaking engagements related to litigation and employment law.
A complete interview, presentation and publication list is available upon request.
Presentations & Teaching Experience:
Panelist, “Creating S.M.A.R.T. Litigation Strategies,” Global Litigation Conference and Exhibition, New York, NY (October 1-2, 2014)
Speaker, “Race, Gender, Disabilities: What You Need To Know To Avoid Being Sued in the Workplace,” Webinar (May 15, 2014)
Speaker, “Employment Discrimination Webinar,” The Society for Diversity (September 18, 2013)
Speaker, “Negotiating Your First Contract,” Columbia University Medical Center, New York, NY (October 15, 2011)
Speaker, “Introduction to Labor, Employment and Employee Benefits Laws,” Hauppauge Industrial Association (September 2, 2009)
Moderator, “Advanced Business Metrics: How To Stay Ahead of the Economy,” New York Staffing Association (July 29, 2009)
In The News:
Featured, “Fox Rothschild Employment Discrimination Report Named to ABA Journal’s ‘8th Annual Blawg 100’” (December 15, 2014)
Quoted, “Richard Cohen Explains What Fuels the Highly-Engaging Employment Discrimination Report,” The LexBlog Network (December 12, 2014)
Featured, “As ABA Blawg 100 Shows, Biglaw Is Finding The Handle On Quality Blogging,” The LexBlog Network (November 26, 2014)
Quoted, “Abercrombie & Fitch To Face Supreme Court Over Hijab Controversy,” Vice News (October 8, 2014)
Quoted, “Legalizing Discrimination: Women’s Discrimination Around the World,” Profiles in Diversity Journal (September/October 2014)
Featured, “Sexual Harassment: “‘One Mechanism Driving Women From Science,’” Wichita State University Office of Equal Employment Opportunity (August 12, 2014)
Quoted, “It’s Easier to Prove Retaliation Than Discrimination,” Corporate Counsel (August 8, 2014)
Featured, “Recent Executive Order Forbids LGBT Discrimination, but Hobby Lobby Ruling May Rear its Head,” LXBN TV (August 5, 2014)
Quoted, “Employers Await New Workforce Training Overhaul,” Employee Benefit News (July 14, 2014)
Featured, “UK Bias Cases Are Down. This Isn’t Good News,” Corporate Counsel (June 27, 2014)
Featured, “Do You Really Need a Lawyer for EEOC Matters? ” Corporate Counsel (June 26, 2014)
Quoted, “ADA Claims on Rise,” Society for Human Resource Management (June 26, 2014)
Featured, “Can You Tell Workers ‘OK Enough with the Piercing?’” Corporate Counsel (June 23, 2014)
Quoted, “Flexibility Is Key To Helping Employers Avoid Religious Discrimination Claims,” Business Insurance (June 22, 2014)
Quoted, “6 Top Priority Items for the EEOC,” Corporate Counsel (June 6, 2014)
Quoted, “History of the Male-Female Salary Gap: A 95-Year-Old Problem,” Vault (May 2, 2014)
Featured, “Employment Discrimination Report,” ABA Journal (April 16, 2014)
Quoted, “College Athletes Union Raises Tax, Discrimination Questions,” Pittsburgh Post-Gazette (April 6, 2014)
Featured, “NYC Votes to Outlaw Discrimination Against Unpaid Interns,” Business & Human Rights Resource Centre (March 27, 2014)
Featured, “Five Great Posts To Read To Make You a Better HR Manager,” Omega HR Solutions (March 12, 2014)
Featured, “School Offers Gay Man a Job, Changes Its Mind,” The American Lawyer (February 11, 2014)
Quoted, “How to Get Your Religion and Your Job to Coexist in Peace,” The Street (January 24, 2014)
Featured, “EEOC Targets National Origin Issues,” Business Insurance (November 18, 2013)
Featured, “Is Age Discrimination the Next Frontier?” Employers’ Alert (November 2013)
Featured, “The Age Factor,” Human Resource Executive (September 19, 2013)
Television Interview, “The United States Supreme Court,” Behind the Shadows (September 18, 2013)
Quoted, “Background Check Rules Raise Concerns,” Business Insurance (August 30, 2013)
Quoted, “How to Keep the Work Party From Getting Too Crazy,” The Street (August 21, 2013)
Quoted, “Workplace Not a Good Forum for Race Dialogue,” The National Law Journal (July 29, 2013)
Quoted, “Legalizing Discrimination: Women’s Discrimination Around the World,” Profiles in Diversity Journal (June 1, 2013)
Quoted, “Employers Have No Business Seeking Genetic Data, Attorneys Say,” Law360 (May 28, 2013)
Featured, “Appellate Court Tosses Hofstra Sex-Harass Suit,” Long Island Business News (April 11, 2013)
Featured, “Common Worry Over Signing Agreement,” com (January 2, 2013)
Featured, “Standard Severance Agreement Won’t Protect You From EEOC Claims,” com (January 2, 2013)
Featured, “Employers Revise Hiring Policies Based on New EEOC Background Check Guidance,” Business Insurance (November 4, 2012)
Featured, “EEOC Continuing Its ‘Big Case’ Bias Enforcement Approach,” HR Morning (November 2, 2012)
Featured, “U.S. Court Abused Discretion in Sex Harassment Case: Appeals Court,” com (October 23, 2012)
Featured, “Blue Blood Star vs. CBS,” The Hollywood Reporter (October 23, 2012)
“U.S. Court Abused Discretion In Sex Harassment Case: Appeals Court,” Business Insurance (October 22, 2012)
Quoted, “Avoiding ADA Liability When Dealing with Obese Workers,” Inside Counsel (September 24, 2012)
Television Interview, “Employee Discrimination Lawsuits,” Behind the Shadows (June 21, 2012)
Featured, “Muslim Woman Wins $5.1M Judgment in Work Discrimination Suit,” Workforce Management (May 8, 2012)
Featured, “EEOC Guidance on Background Checks Leaves Some Questions,” Business Insurance (April 29, 2012)
Featured, “Transgender Individuals Protected by U.S. Discrimination Law: EEOC,” Business Insurance (April 26, 2012)
Featured, “Age Discrimination Guidance From EEOC Increases Employer Burdens,” Business Insurance (April 22, 2012)
Featured, “An Interview with Richard Cohen,” New York Staffing Association News (September 13, 2011)
Television Interview, “Discrimination in the Workplace,” Behind the Shadows (August 25, 2011)
Interviewed, “Q&A With Fox Rothschild’s Richard Cohen,” Law 360 (June 9, 2011)
Featured, “Muslim Prisoners Win Right to Diet Equality,” The New York Times (April 6, 2008)
Featured, “Religious Discrimination Settlement Receives Worldwide Media Attention,” The New York Times, New York Law Journal, and International Herald Tribune (March 28, 2008)
Quoted, “Public Interest Projects,” New York Law Journal (March 28, 2008)
Quoted, “US jail reaches deal on meals for Muslim inmates,” International Herald Tribune (March 22, 2008)
Profiled, “Working On The Fault Lines,” The Deal, Vol. 5, No. 37 (December 03, 2007)
Publications:
“Another GINA Class Action Settled by EEOC,” Employee Benefit News (November 13, 2014)
“New ‘Bullying’ Decision: No Protected Class, No Case,” Employee Benefit News (September 18, 2014)
“Golly Gee Kids, Let’s Stop Workplace Bullying and Just Treat Each Other with Respect,” Workplace Bullying Institute (August 6, 2014)
“Same Sex Sexual Harassment Prohibited by Title VII, Even Though Sexual Orientation is Not a Protected Class,” Advisen (June 19, 2014)
“Employers and the Law,” Van Rye Publishing, LLC (May 15, 2014)
“Employer Accused of Yelling Expletives at Employees Settles,” Wills, Trusts & Estates Prof Blog (May 9, 2014)
“Workplace Bully Debate — Legislation or Proactive Company Policies?” Workplace Violence News (April 28, 2014)
“Court Upholds Claim that Obesity May Be a Disability Under the ADA,” Staffing Today (April 28, 2014)
“Dreadlocks: Alabama Court Rules It is a ‘Mutable Characteristic’ and Not a Racial One,” Staffing Today (April 3, 2014)
“NYC Votes To Outlaw Discrimination Against Unpaid Interns,” Business & Human Rights Resource Centre (March 27, 2014)
“Obesity: Merely ‘Undesirable’ and ‘Unprofessional,’ Like a Neon Green Mohawk, or a Disability?” Business & Human Rights Resource Centre (March 26, 2014)
“Should Stuttering be Classified as a Disability?” Corporate Counsel (March 25, 2014)
“Workplace Bullying Debate – Legislation or Proactive Company Policies,” Workplace Violence News (March 3, 2014)
“EEOC Settles First Systemic GINA Class Action,” Staffing Today (January 27, 2014)
Cited, “Delimiting Title VII: Reverse Religious Discrimination and Proxy Claims in Employment Discrimination Litigation,” Vanderbilt Law Review (January 10, 2014)
“Beard Worth $50,000 to the EEOC,” Staffing Today (January 2, 2014)
“EEOC Re-Commits To Protect ‘Most Vulnerable’ Workers And Settles Utah Case For Record $450,000,” Staffing Today (October 14, 2013)
“Perspectives: Employers Need to Keep Up with Changes in Criminal Background Check Rules,” Business Insurance (October 9, 2013)
“Pray That You Don’t Get Sued: Religious Discrimination Cases Abound,” Advisen (October 4, 2013)
“Employee Rejects an Offered Accommodation,” EEO Connection (October 2013)
“New EEOC Pregnancy Discrimination Case Gives Life to Its General Counsel’s Warning to Employers,” Staffing Today (September 9, 2013)
“Fighting Disability Discrimination is a Priority for the EEOC,” Staffing Today (September 4, 2013)
“‘Locker Room Talk Won’t Wash’ When It Comes to Offensive Racial Slurs,” Staffing Today (August 30, 2013)
“New EEOC Suit Reminds Employers Not To Make Pregnancy-Related Inquiries,” American Staffing Association Journal (August 1, 2013)
“Australia Pregnancy Discrimination Laws To Be Broadened To Require Transfer to ‘Safe Jobs,” Business & Human Rights Resource Centre (July 14, 2013)
“Company Fires ‘An Old Penny That Keeps Coming Back’,” American Staffing Association Journal (January 11, 2013)
“Don’t Fire Qualified Employee Based on Fears, Myths, or Stereotypes,” American Staffing Association Journal (January 10, 2013)
“Weighing the Balance,” Los Angeles Lawyer (October 2012)