Attorneys

Richard D. Brown 
Morristown, New Jersey
Of Counsel
phone (973) 451-0077
fax (973) 695-7788
email Email Me

Mr. Brown is actively engaged in an ERISA litigation practice. His background and experience in employee benefit matters includes work in both private practice and as inside counsel for a Fortune 500 corporation. He now represents individuals in a large variety of employee benefit claims involving pension, 401(k), health, severance and disability, and has developed a sub-specialty litigating former spouse's claims for pension or 401(k) plan benefits under qualified domestic relations orders resulting from a divorce.

Mr. Brown began his career in private practice with Walsh, Case & Coale in Chicago, Illinois and with Reed Smith Shaw and McClay in Pittsburgh, Pennsylvania. In 1980, he was asked to join Armco Inc., a large diversified integrated steel producer know known as AK Steel Corporation, as their in-house employment and employee benefits counsel.

While with Armco, Mr. Brown was responsible for all of the company's world-wide executive compensation and employee benefit matters. The industry struggled during the 1980's resulting in Mr. Brown's involvement in numerous divestitures, plant closings, restructurings and outsourcings. He was also counsel to the Board and the Board's fiduciary committees on executive compensation and employee benefit matters, and served as Vice President and General Counsel for the company's 1940 Investment Act company. He structured and supported the administration of national health plan networks, and domestic and international pension and profit sharing/401(k) plans covering all of the company's active employees and retirees. He also structured and maintained the executive stock option, long-term incentive and non-qualified deferred compensation plans.

Since returning to private practice in 1992, Mr. Brown's broad experience with ERISA matters has resulted in his being engaged as special counsel for a number of local firms assisting in ERISA litigation. He maintains his private practice while also serving as Of Counsel to Green, Savits & Lenzo focusing on their executive compensation and ERISA litigation matters, as well as serving as Of Counsel to Herbert New & David W. New working primarily on Taft-Hartley Plan matters.

Areas of Practice:
85% ERISA And Employee Benefits Litigation
10% Executive Compensation Litigation
5% Severance, Employment and Wrongful Termination Matters
Litigation Percentage:
75% of Practice Devoted to Litigation
Bar Admissions:
New Jersey, 1991
U.S. District Court District of New Jersey, 1991
U.S. District Court Western District of Pennsylvania, 1977
U.S. District Court Northern District of Illinois, 1971
U.S. Court of Appeals 3rd Circuit, 1991
U.S. Court of Appeals 6th Circuit, 1991
U.S. Tax Court, 1977
U.S. Supreme Court, 2006
Education:
Northwestern University School of Law, Chicago, Illinois, 1971
J.D.


Indiana State University, Terre Haute, Indiana, 1967
B.A.
Honors: Blue Key National Scholastic Honors
Major:  Economics


Published Works:
Pension and Profit Sharing Plans Distinguished, Practising Law Institute, 1981-1993


The Expanding Duty of Disclosure Under ERISA, New Jersey Labor and Employment Law Quarterly, Summer, 2000


Drafting and Administering QDRO's, NJ Institute of Continuing Legal Education, May, 2000


Independent Contractors Under ERISA, NJ Institute of Continuing Legal Education, June, 2000


Unfinished QDRO's: Malpractice Time Bombs, Morris County Bar Association, November, 2000


An Introduction to Basic Employee Retirement Benefits, 340 P.L.I. 7, 82 (1993); cited in Lyons v. Georgia-Pacific Corp. Salaried Emples. Ret. Plan, 221 F.3d 1235 (11th Cir. 2000).


Pension and Profit-Sharing Plans Distinguished, Understanding ERISA 1993, (Joseph R. Simone, ed. 1993); cited in In re: Mueller, 256 B.R. 445 (U.S.Bankr. Md., 2000); and In re: Meinen, 228 B.R. 368 (U.S.Bankr. W.D. Pa, 1998).


Representative Cases:
Grossman v. Teamsters, Production, Maintenance and Allied Workers Local 418 Welfare Fund, et al., Civil Action No. 07-604 (D.N.J. 2007)
The Valley Hospital v. Jennifer B. Asquith v. Stryker Corporation., Civil Action No. 06-865 (D.N.J. 2006)
Robert Coli v. Oppenheimer Funds, Inc., et al., Civil Action No. 06-865 (D.N.J. 2006)
Daly v. The Guardian Life Insurance Company of America, Civil Action No.: 06-1967 (D.N.J. 2006)
Files v. Exxon Mobil Pension Plan, 428 F.3d. 478 (3d Cir. 2005)
Tynes v. Pension Benefit Guaranty Corporation, Civil Action No. 04-2725, 2005 WL 1828578 (D.N.J. 2005)
Tynes v. Pension Benefit Guaranty Corporation, 2005 Dist. LEXIS 16037, 35 Employee Benefits Cas. (D.N.J. 2005)
Scholl v. Kansas City Life Insurance Company, et al., Civil Action No.: 00-4432 (D.N.J. 2000)
Aus v. Armco, Inc., 1992 WL 551109 (S.D.Tex. 1992)
Lee v. Benefits Plans Adm'r of Armco, Inc., 992 F.2d 324, 1993 WL 152090 (5th Cir. 1993)
Stuhlreyer v. Armco, Inc., 849 F. Supp. 583 (S.D. OH 1992)
Hoover v. Armco, Inc., 915 F.2d 355 (8th Cir. 1990)
Porto v. Armco, Inc., 825 F.2d 1274 (8th Cir. 1987)
Connors v. Allied Chemical Corp., 676 F.Supp. 114 (S.D.W.Va. 1987)
Pension Benefit Guaranty Corporation v. Heppenstall Company, 633 F.2d 293 (3d Cir. 1980)
Murphy v. Heppenstall Company, 635 F.2d 233 (3d Cir. 1980)
Professional Associations and Memberships:
New Jersey Labor & Employment
Member, Executive Committee (1996-2002)


New Jersey Employment Lawyers Association


New Jersey District X Ethics Committee
Member


Past Employment Positions:
Armco, Inc., Assistant Counsel, 1980 - 1991


Reed Smith Shaw & McClay, 1977 - 1980


Walsh, Case & Coale, 1971 - 1977


Birth Information:
1945, Bremerton, Washington

Green, Savits & Lenzo, LLC
35 Airport Road
Morristown, NJ 07960
Telephone: (973) 695-7777
Fax: (973) 695-7788
Email

Our employment law firm proudly serves all of Northern and Central New Jersey, including the communities of Morristown, Newark, Jersey City, Paterson, Elizabeth, Edison, Woodbridge, Trenton, and Princeton, and the Counties of Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union, and Warren.