Jennifer P. Richnafsky

Representative Experience

• Led litigation efforts in an insurance coverage action based on the initial valuation and subsequent investigation of an ESOP conducted by the EBSA, in which the plaintiff insureds disputed the limit of liability applicable to a lawsuit that the United States Department of Labor brought against the insureds
• Defended an operator of storage facilities against the United States Department of Labor’s claims that the relevant entity and its owner violated the Fair Labor Standards Act’s overtime and recordkeeping requirements. Negotiated a favorable settlement on the eve of trial
• Acted as first-chair litigator for the insurer in a coverage arbitration arising from an ERISA class action, in which the insurer’s coverage defenses focused on a benefits due exclusion, as well as an exception to that exclusion related to personal obligations of natural person insureds
• Managed litigation on behalf of a therapy services provider in a breach of contract, tortious interference and unfair competition dispute arising from a nursing home operator’s scheme to poach the client’s therapist employees and failure to pay outstanding invoices
• Successfully defended a university administrator in an internal investigation and hearing arising from allegations of racial bias and disparate treatment
• Represented the purchaser of a chemical manufacturing facility against claims that the purchaser was obligated to defend and indemnify the seller corporation in multiple litigations arising from alleged injuries caused by exposure to asbestos
• Drafted employment agreements, non-competition agreements and website terms and conditions for a growing physical therapy practice
• Obtained a favorable arbitration result for the owner of a psychotherapy practice against claims that the owner violated a non-competition agreement with her prior employer
• Oversaw fact investigation and witness preparation and second-chaired the client’s primary witness interview in connection with DOJ and FSA investigations arising from the LIBOR price-fixing scandal
• Drafted submissions and negotiated settlement agreements with the SEC for prospective SEC enforcement actions arising from alleged violations of the Securities Exchange Act of 1934
• Scrutinized stock exchange rules, organized document productions and drafted discovery responses in a federal action concerning the trading ahead of securities on four major stock exchanges
• Represented an interdealer broker in a New Jersey RICO action from the beginning of discovery through a four-month trial. Formulated and argued economic damage theories based on lost profits and decreased market capitalization
• Managed document productions, prepared presentations and analyzed payment flows for an international technology company in connection with an FCPA investigation run by the SEC and DOJ